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Bombay High Court Awards Compensation for Illegal Arrest and Detention by Executive Magistrate in Chapter Proceedings. Petitioner's Fundamental Right to Life and Liberty Under Article 21 Violated as Order Under Section 122 CrPC Passed Without Proper Inquiry Under Section 111 CrPC.

The petitioner, Amol Bharat Khule, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Criminal Proce...

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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 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 Allows Compensation for Illegal Detention in Chapter Proceedings — Violation of D.K. Basu Guidelines. Petitioner awarded Rs. 25,000 for being detained over 24 hours without production before Magistrate in Chapter Proceeding No. 68/2005 under Section 107 of CrPC.

The petitioner, Balasaheb Sadanand Bhagat @ Bhakta, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking compensa...

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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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Bombay High Court Allows Advocate's Petition Against Misconduct by Special Executive Magistrate in Section 107 CrPC Proceedings. Court Holds That Police Officers Acting as Executive Magistrates Must Follow Judicial Procedure and Cannot Humiliate Advocates.

The judgment pertains to two criminal writ petitions filed before the Bombay High Court, Nagpur Bench, challenging the practice and procedure adopted ...

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Bombay High Court Dismisses Writ Petition Challenging Interest Demand on Bonded Goods Under Customs Act. Interest under Section 61(2) of the Customs Act, 1962 is Mandatory and Not Waivable Even for Delays Caused by Customs Authorities.

The petitioners, M/s SBEC Sugar Limited and its shareholder S.S. Agarwal, filed a writ petition under Article 226 of the Constitution of India challen...