High Court of Karnataka Reviews Trial Court Order on Memo and Injunction Application in Pending Partition Suit. Plaintiff Challenges Order Allowing Bank's Memo and Rejecting Interim Relief Under Order XXXIX Rules 1 and 2 CPC....
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High Court
Bombay High Court Allows Minor's Petition for Change of Surname in School Records, Directs Educational Authorities to Act on Application. Court holds that the Right to Change Surname is a Fundamental Right under Article 21 of the Constitution, and educational authorities cannot refuse to process a valid application merely because of pending matrimonial proceedings between parents....
The petitioner, a minor child represented by his father and natural guardian, filed a writ petition seeking a direction to the educational authorities to change his surname in school records. The peti...
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High Court
Bombay High Court Quashes MCGM Transfer Premium Demand in Property Lease Case — Unilateral Reopening of Concluded Transactions by Public Authority Not Permitted. Court holds that once a transfer premium was accepted without reservation, a second demand for the same transfer is barred by principles of finality and legitimate expectation under Article 226 of the Constitution....
The Petitioner, Prabhat Sadan Properties Private Limited, owned a leasehold property in Byculla, Mumbai, under a lease from the Municipal Corporation of Greater Mumbai (MCGM). In 2012, the Petitioner ...
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High Court
Bombay High Court Allows Writ Petition in GST Refund Case — Satellite Derived 3D Model Services Held as 'Export of Services' Not OIDAR Services. Services of providing satellite derived 3D city models to a UAE client qualify as export of services under Section 2(6) of the IGST Act, 2017, and are not classifiable as Online Information Database Access or Retrieval (OIDAR) services under Section 2(17) of the IGST Act....
The petitioner, Globolive 3D Private Limited, a company incorporated under the Companies Act, 1956, entered into a Service Agreement dated 09 September, 2019 with M/s. Emirates Defence Industries Co. ...
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High Court
Bombay High Court Dismisses Review Petition in MSMED Act Arbitration Dispute — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner's alternative remedy by way of appeal was availed and withdrawn, and no grounds for review exist....
The petitioner, Microvision Technologies Pvt. Ltd., a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), had contracts with the respondent, Union of India (throu...
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High Court
Bombay High Court Allows Transfer of Divorce Petition in Favor of Wife Due to Hardship and Inconvenience. Wife's Unemployment and Distance of 223 km Outweigh Husband's Convenience Under Section 24 CPC....
The applicant-wife, Trishala Vaibhav Jain, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No.24 of 2021 filed by the respondent...
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High Court
High Court of Bombay Upholds Compensation Award in Motor Accident Claim for Child Death — Negligence of ST Bus Driver Established. MSRTC held vicariously liable for death of 10-year-old student hit by bus at bus-stand; compensation of Rs.4,00,000 with 8% interest upheld under Motor Vehicles Act, 1988....
The case arises from a motor accident claim filed by the parents of a 10-year-old boy, Parikshit Bhosale, who died after being hit by a State Transport bus owned by the Maharashtra State Road Transpor...
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High Court
Bombay High Court Dismisses Revenue Appeal in CENVAT Credit Case — Amendment to Rule 6 of Cenvat Credit Rules, 2004 Held Not Retrospective. CESTAT order allowing respondent's appeal upheld as the retrospective amendment by Finance Act, 2010 did not apply to the period prior to its enactment....
The appeal was filed by the Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate against Larsen & Toubro Limited (HED) under Section 35G of the Central Excise Act, 1944. The ...
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High Court
Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC for wife's murder set aside as prosecution failed to prove guilt beyond reasonable doubt....
The appellant, Ramkisan Vishnu Nagare, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Sunita, by the Additional Sessions Judge, Aurangabad in Sessions Case ...
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High Court
Bombay High Court Dismisses Petition to Quash FIR in Rape and Bigamy Case — Second Marriage During Subsistence of First Marriage Constitutes Prima Facie Offence Under Section 376 IPC. The court held that a second marriage during subsistence of first marriage is void under Hindu Law and amounts to bigamy, and that consent obtained by deception regarding marital status vitiates consent for sexual intercourse, establishing a prima facie case for rape under Section 376 IPC....
The petitioner, Subhash Vitthal Ahire, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking quashing of FIR No. 0824 dated 27.09.2019 regi...
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