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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case — Non-Compliance of Section 50 and Lack of Conscious Possession Lead to Acquittal. Recovery of Charas from Scooter Dickey Not Personal Search Under Section 50 of NDPS Act, but Prosecution Failed to Prove Conscious Possession and Mandatory Safeguards....

The State of Gujarat appealed against the acquittal of Abdul Rahim @ Raju Abdul Rahman Shaikh under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The accuse...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882....

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by conditional sale deeds in 1991 and 1996, receiving Rs....

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High Court of Karnataka Dismisses Appeals in Land Acquisition Arbitration Cases -- Appellants Failed to Prove Grounds Under Arbitration and Conciliation Act, 1996 for Setting Aside Arbitral Awards...

The High Court of Karnataka dismissed multiple Miscellaneous First Appeals filed by landowners against arbitral awards related to land acquisition by the National Highway Authority of India. The appel...

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High Court Quashes Criminal Case Against Police Officers for Lack of Sanction Under Section 197 CrPC and Insufficient Medical Evidence in Alleged Police Atrocities Case Under IPC Sections 323 and 326...

The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process against them under Section 326 read with 34 IPC for alle...

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High Court Allows Writ Petition Challenging Education Officer's Order Restricting Salary Grant - Petitioner Secures Direction for Salary Aid from Appointment Date Despite Indemnity Bond...

The Petitioner challenged an Order by the Education Officer that approved his appointment as Shikshan Sevak from the date of appointment (5th July 2012) but restricted salary grant only from the appro...

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High Court Allows Writ Petition Challenging Rejection of Vivad Se Vishwas Scheme Application -- Petitioner Entitled to Scheme Benefits Despite Not Filing Separate Appeal Against Assessment Order Under Section 5A of Income Tax Act...

The Petitioner challenged the rejection of her application under Direct Tax Vivad Se Vishwas Act, 2020 by the Principal Commissioner of Income Tax -- The rejection was based on the ground that she had...

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High Court Dismisses Appeal Against Acquittal in Cheque Dishonour Case Under Negotiable Instruments Act, 1881 -- Appellant Appeal Against State of Maharashtra and Others Fails -- Acquittal of Respondents Upheld...

The High Court dismissed an appeal challenging the acquittal of five accused persons in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881. The case originated from a ha...

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Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief....

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking interim measures to secure a foreign arbitral award ag...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory....

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings for bridges in the Manmad-Jalgaon 3rd line projec...

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral....

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their family members. The trial court rejected the plai...