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High Court of Karnataka Allows Appeal Against Ex Parte Injunction in Property Suit — Trial Court Directed to Hear Both Sides Before Granting Interim Relief. Violation of Order 39 Rule 3 CPC as Trial Court Failed to Issue Notice or Record Reasons for Ex Parte Order....

The appellant, M/s. Legacy Global Project Private Limited, was the defendant in a suit for declaration and possession filed by the respondent, Sri. Shivakumar, in respect of property measuring 1 Acre ...

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Bombay High Court Dismisses Petition Seeking Additional Charge Sheet Under MPID Act Against Directors of Financial Establishment. Court holds that mere failure to repay deposits does not automatically attract Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 without evidence of fraudulent intent....

The petitioners, depositors in respondent No.5 company, filed a criminal writ petition seeking a direction to the police to file an additional charge sheet against respondent Nos.5 to 7 under Section ...

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Bombay High Court Quashes Externment Order for Violation of Natural Justice — Show Cause Notice Under Section 59 of Bombay Police Act, 1951 Must Afford Meaningful Hearing Before Externment Under Section 56....

The petitioner, Rajesh Jiwan Jangle, a businessman running a hotel and owning a godown in Nagpur, challenged an externment order passed by the Deputy Commissioner of Police and confirmed by the Divisi...

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Bombay High Court Allows Writ Petition Challenging Rejection of Nomination for Sarpanch Election on Ground of Disqualification Under Section 14(1)(j1) of Maharashtra Village Panchayats Act, 1958 — Court Holds That Death of Second Child Before Birth of Third Child Does Not Attract Disqualification as Only Two Living Children Exist....

The petitioner, Smt. Anita Rahangdale, filed a writ petition challenging the rejection of her nomination form for the post of Sarpanch of Gram Panchayat Thanegaon. The Returning Officer rejected her n...

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Bombay High Court Allows Writ Petition Against MIDC for Unilateral Rescission of Land Allotment — MIDC's Action Held Arbitrary and Violative of Natural Justice. Concluded Contract Exists Upon Acceptance of Consideration, Entitling Petitioner to Specific Performance....

The petitioners, Kamlakar Bhimrao Patil and Terrafirm Softtech Private Limited (formerly Everest Realtors Pvt. Ltd.), filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Upholds Family Court Order Directing Husband to Vacate Matrimonial Home in Favor of Wife Under Protection of Women from Domestic Violence Act, 2005. Joint Ownership Does Not Bar Wife's Right to Residence....

The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pune in P.A.No. 743 of 2015. The first order dated 2...

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Bombay High Court Quashes Censure of Judicial Officer for Inordinate Delay in Disciplinary Proceedings — Directs Deemed Promotion with Consequential Benefits. Inordinate delay of six years in issuing charge-sheet and three years in concluding enquiry held to vitiate disciplinary action; promotion cannot be withheld indefinitely....

The petitioner, a judicial officer appointed as Civil Judge Junior Division in November 1995, was issued a show-cause notice on 13.9.2007, which he replied on 15.11.2007. After six years, in July 2012...

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Bombay High Court Allows MPID Act Appeal for Return of Seized Property to Accused Pending Trial — Property Not Proceeds of Crime Under MPID Act. Court holds that Section 3 of MPID Act does not authorize continued retention of property not linked to deposits, and directs release of vehicle and cash to appellant subject to conditions....

The Bombay High Court allowed Criminal Appeal No. 813 of 2016 filed by Suresh Raju Shetty, challenging an order of the Designated Court under the Maharashtra Protection of Interest of Depositors (In F...

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Bombay High Court Allows Petition Under Section 14(2) of Arbitration Act, Setting Aside Arbitrator's Termination of Proceedings for Delay in Filing Statement of Claim. Arbitrator's Refusal to Condoned Minimal Delay and Termination Held Arbitrary and Amounting to De Jure Inability to Act....

The petitioners, original claimants in arbitral proceedings, filed a petition under Section 14(2) and Section 32(2) of the Arbitration and Conciliation Act, 1996, challenging the procedural orders of ...