Search Results for "strict construction"

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High Court Allows Bail in Customs Act Case, Quashes Magistrate's Order Due to Illegal Arrest and Bailable Offence Classification. Petitioners Released on Bail with Conditions

The High Court of Bombay allowed a criminal writ petition challenging the denial of bail to petitioners accused under the Customs Act, 1962. The petit...

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Supreme Court Dismisses Appeal in Consumer Insurance Dispute Over Voyage Monsoon Condition. Insurance Claim Repudiation Upheld as Vessel Sailed After Monsoon Set In, Breaching Special Condition Under Consumer Protection Act, 2019.

The dispute arose from an insurance claim repudiation concerning a barge's maiden voyage from Mumbai to Kolkata. The appellant, engaged in shipping bu...

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Contractual Bar on Pendente Lite Interest: Strict Construction Required Under Arbitration Act, 1940. Supreme Court Upholds Arbitrator’s Power to Award Interest Unless Expressly Barred in Contract

Arbitration Act1940 Act: Arbitrator has inherent power to award pendente lite interest unless expressly barred by contract (Para 8, 10). Strict Co...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Allows Appeal Against Condonation of 1116-Day Delay in Filing Appeal Against Ex-Parte Decree. Emphasizes Need for Sufficient Explanation for Inordinate Delay and Application of Res Judicata.

The present appeal arises from an order of the Madurai Bench of Madras High Court condoning a delay of 1116 days in filing an appeal against an ex-par...