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Supreme Court Upholds High Court’s Decision in Money Laundering Case Under PMLA, Rejects Discharge Application. Continuing Offence of Money Laundering and Retrospective Application of PMLA – Key Issues Addressed...

Continuing Offence:– The offence of money laundering under the PMLA is a continuing offence, and the liability extends as long as the proceeds of crime are concealed, used, or projected as untainted...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction....

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P. Ltd., 1990 Supp SCC 727). An unregistered Agreeme...

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Refund of Premium Paid Under Urban Land Ceiling Act – Estoppel and Waiver of Rights. Court Rejects Money Claim for Refund of Premium After Land Sale, Upholds State’s Policy Under Urban Land Ceiling Act...

Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legality of the Resolution. (Para 34, 35) Prospective A...

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Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property...

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to Reflect True Intent a. Power under Section 152 CP...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium...

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 14 of the Constitution. The termination of the leas...

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Bombay High Court Held That Retirement Includes Resignation—Entitlement to Pension Upheld...

Resignation of a High Court Judge Does Not Forfeit Pensionary Benefits—Interpretation of “Retirement” Under High Court Judges (Salaries and Conditions of Services) Act, 1954 The word “retirem...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred....

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from the default period (2008-09 to 2015-16) was time-...

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Pension Entitlement – Part-Time Teacher – Night Junior College – Service Continuity. The Bombay High Court held that a part-time teacher in a Night Junior College is not entitled to pension under the Maharashtra Civil Services (Pension) Rules, 1982, and the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977....

A teacher in a Night Junior College, working for limited hours, cannot be treated as a full-time employee. Part-time service cannot be converted into full-time service for pension purposes unless spe...

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Bombay High Court quashed rejection of technical bid by respondent due to an unreasonable and arbitrary interpretation of tender conditions, directing re-evaluation of the financial bid. Arbitrary Interpretation of Tender Conditions...

Constitution of India, 1950 – Article 14–Judicial Review in Tender Matters – Constitutional Courts should interfere only if tender decisions are arbitrary, mala fide, or violate public interest ...

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India...

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, 341, 186, 353, 120-B Read With Section 149 — FIR...