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Bombay High Court Directs State of Goa to Notify SOTTO and Implement Organ Transplant Rules Under Transplantation of Human Organs and Tissues Act, 1994. The court held that failure to notify SOTTO and create transparent waiting lists violates the Act and Rules, affecting the right to health of patients....

The Bombay High Court at Goa disposed of a Public Interest Litigation (PIL) filed by The Mango Foundation (TMF), a registered non-profit organization, seeking enforcement of the Transplantation of Hum...

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Bombay High Court Dismisses Petition Challenging Arbitral Award as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996. Limitation period for filing petition under Section 34 runs from date of receipt of award, and application under Section 33 does not extend limitation if not made within prescribed period....

The applicant, Schokhi Industrials Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award passed by the Arbitral Tribunal. The award w...

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Bombay High Court Quashes Interim Compensation Order in Dishonour of Cheque Cases Due to Lack of Application of Mind by Magistrate. Magistrate directed to pass reasoned order after considering defence that cheques were given as security in matrimonial dispute....

The petitioner, Prakash Nanji Thakkar, filed five criminal writ petitions challenging an order dated 06/06/2019 passed by the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. The Magistra...

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Bombay High Court Quashes Attachment of Premises Under PITA Act for Violation of Natural Justice. Tenant Not Given Notice or Hearing Before Attachment Under Section 18(2) of Immoral Traffic (Prevention) Act, 1956....

The petitioner, Savitri @ Sumitra Narayan Gowda, was a tenant of two rooms in Mumbai for over 30 years. In March 2008, she gave the premises on leave and license to Kiran Naidu. On 16 December 2009, p...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act....

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A notification under section 4 was issued on 22 July 2...

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High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement....

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated 10 April 2017 and a final award dated 29 October ...

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Bombay High Court Upholds Land Acquisition for Pimpri-Chinchwad New Town Development Authority — Compensation Enhancement Granted. Landowners entitled to higher compensation under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisitions under Maharashtra Regional and Town Planning Act, 1966....

The judgment involves three writ petitions filed by landowners and a developer challenging land acquisition proceedings initiated by the Pimpri-Chinchwad New Town Development Authority under the Mahar...

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Karnataka High Court Allows Refund of Excess Stamp Duty on General Power of Attorney — Stamp Duty Payable on Consideration Amount, Not Market Value. Petitioners' GPA for Sale of Property with Consideration of Rs.10,000/- Attracted Duty Under Article 41(b) of Karnataka Stamp Act, 1957 on That Amount, Not on Market Value....

The petitioners, owners of immovable property in Devanahalli Taluk, executed a General Power of Attorney (GPA) dated 25.03.2011 in favor of their GPA holder, authorizing him to sell the property. The ...

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Karnataka High Court Dismisses Writ Appeals Challenging Reservation in Promotion for Hyderabad-Karnataka Region Under Article 371J. The Court Held That Article 371J(1)(b) and (c) Include Reservation in Promotion for Local Candidates in Public Services....

The appellants, Smt. A.S. Vimalakshi and Sri R. Shivakumar, were employees of the Karnataka Legislative Assembly Secretariat. They filed writ petitions challenging the reservation in promotion provide...

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High Court of Karnataka Dismisses Writ Petitions Challenging CAT Order in IFS Selection Dispute — Caste Certificate Verification Upheld as Valid Ground for Cancellation of Selection. The court held that cancellation of selection without giving an opportunity to produce a verified caste certificate was premature and directed reconsideration....

The judgment involves two writ petitions arising from an order of the Central Administrative Tribunal (CAT), Bangalore Bench, dated 15.03.2016 in O.A. No. 170/00239/2015. The first writ petition (W.P....