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High Court of Karnataka Allows Bank's Appeal in Bond Amount Recovery Dispute — Refund of Rs. 3,00,000 Set Aside. Clause 11(k) of Appointment Letter and Indemnity Bond Held Valid and Enforceable as Employee Resigned Before Completing Stipulated Service Period.

The case pertains to a writ appeal filed by Vijaya Bank (now Bank of Baroda) against an order of a learned Single Judge of the Karnataka High Court. T...

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Bombay High Court Allows Writ Petition Challenging Recovery of Customs Duty After Inordinate Delay. Demand notice under Section 72(1) of Customs Act, 1962 cannot be enforced after five years of inaction by customs authorities.

The petitioner, Anu Products Ltd., filed a writ petition under Article 226 of the Constitution before the Bombay High Court, aggrieved by a recovery i...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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High Court of Karnataka Partly Allows Surety's Appeal Against Forfeiture of Bond Amount — Reduces Penalty from Rs.40,000 to Rs.5,000. Surety's inability to produce absconding accused does not warrant forfeiture of entire bond amount under Section 446(3) CrPC.

The appellant, Sri Muniyappa, was a surety for accused Nos.1 and 3 in Sessions Case No.56/2016 before the II Additional District & Sessions Judge, Tum...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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High Court of Bombay at Nagpur Allows Dentists' Petitions Against Bond Penalty — Bond Agreement Found Void for Lack of Consideration and Unilateral Modification. Government Cannot Recover Bond Amount When Service Conditions Are Changed Unilaterally and No Actual Loss Is Proved.

The judgment concerns three writ petitions filed by dentists who completed post-graduate dental courses from Government Dental College, Nagpur, under ...