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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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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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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Section 302 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt based on circumstantial evidence and unreliable witnesses.

The appellant, Anil Shrawan More, was convicted by the Additional Sessions Judge, Dhule, for the murder of his wife under Section 302 of the Indian Pe...

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Bombay High Court Dismisses Challenge to Arbitral Award in Construction Dispute — Upholds Rejection of Price Escalation and Interest Claims. Arbitrator's Interpretation of Contract Clause 70C and Discretion on Quantum Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, a consortium of M/s. Valecha Engineering Limited and M/s. AMA Private Limited, entered into a contract with the respondent, Airports A...

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Bombay High Court Dismisses Petition of Convicted Drug Trafficker Seeking Transfer to India Under Repatriation Act — Petitioner Failed to Show Compliance with Section 3(1) of Repatriation of Prisoners Act, 2003

The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal se...