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Bombay High Court Partially Sets Aside Arbitral Award in Breach of Contract Dispute — Payment Direction Inconsistent with Findings. Court holds that an arbitral tribunal cannot grant relief contrary to its own findings on merits, applying Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Hersheys India Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Supreme Court Cancels Bail of Accused in Interstate Child Trafficking Case Due to Perverse High Court Orders and Absconding Accused. Bail Granted Without Considering Gravity of Offences Under Sections 363, 311, 370(5) IPC and Organized Nature of Racket.

The Supreme Court dealt with a series of appeals filed by victims' families seeking cancellation of bail granted by the Allahabad High Court to 13 acc...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Based on Circumstantial Evidence. Chain of Circumstances Not Established to Prove Guilt of Accused Beyond Reasonable Doubt.

The State of Maharashtra appealed against the judgment and order dated 03.05.2003 passed by the learned ad-hoc Additional Sessions Judge, Sangli, acqu...

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Supreme Court Acquits Accused in NDPS Case Due to Insufficient Evidence — Confession of Co-Accused and Retracted Confession Without Corroboration Cannot Sustain Conviction for Financing Illicit Traffic Under Section 27A NDPS Act

The Supreme Court allowed the appeal of Mohammed Fasrin, who was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) b...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 307 IPC set aside as sole eyewitness's evidence was inconsistent and medical evidence did not support the prosecution case.

The appellant, Sukumar Kallappa Kamble, was convicted by the Additional Sessions Judge, Ichalkaranji, for offences under Sections 307 (attempt to murd...

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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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Bombay High Court Dismisses Petition Challenging Detention Under COFEPOSA Act for Smuggling of High Speed Diesel. Non-Supply of Bail Order Held Not Fatal to Detention Order as Detenu Was Aware of It.

The petitioner, brother of the detenu Samad Ismail Deshmukh, filed a writ of habeas corpus under Article 226 of the Constitution challenging the deten...

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Bombay High Court Allows Revision Application and Discharges Applicant in Harbouring Case Due to Lack of Evidence. No prima facie case under Section 212 IPC made out as chargesheet and statements failed to show any connection of the applicant with the alleged harbouring of accused.

The case involves a criminal revision application filed by Govindkumar s/o Ramprakash Agrawal against the order dated 16.9.2004 passed by the 1st Ad-h...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind — Detenu's Representation Not Considered Before Confirmation. Failure to Consider Representation Before Confirmation Under Section 8(f) of COFEPOSA Renders Detention Invalid.

The petitioner, brother of the detenu, challenged the detention order dated 2.4.2004 passed under section 3(1) of the Conservation of Foreign Exchange...