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High Court of Karnataka Upholds Tribunal Order for Compassionate Appointment in Railways — Son from Second Wife Entitled to Consideration. Relationship of father and son established by birth certificate and school records, not dependent on legitimacy under personal law....

The case involves a writ petition filed by the Union of India and the Senior Divisional Personnel Officer, South Western Railway, challenging an order dated 16.12.2015 passed by the Central Administra...

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Bombay High Court Grants Interim Injunction Against Former Employees and Transporter for Design Infringement and Passing Off of Copper Tubes. Registered Designs under Designs Act, 2000 held valid and infringed by identical products....

The plaintiff, Mandev Tubes Pvt Ltd, a manufacturer of copper tubes since 1964 with an annual turnover of Rs. 11 crores, filed a suit alleging design infringement and passing off against three defenda...

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Bombay High Court Upholds Life Imprisonment for Four Accused in Murder Case Based on Circumstantial Evidence and Last Seen Theory. Conviction under Sections 302, 326, 324 read with Section 34 IPC confirmed as prosecution proved chain of circumstances leading to the murder of the deceased....

The case involves four appellants who were convicted by the Additional Sessions Judge, Pune, for the murder of one person and causing injuries to others. The prosecution case was based on circumstanti...

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Bombay High Court Allows Writ Petition in Disciplinary Matter — Disciplinary Authority Must Give Opportunity Before Disagreeing with Inquiry Officer's Exoneration. Failure to provide disagreement note and hearing before imposing penalty violates principles of natural justice as per Punjab National Bank v. Kunj Behari Misra....

The petitioner, S.K. Virdi, was a government employee who faced disciplinary proceedings. The Inquiry Officer, after considering the evidence, found the charge devoid of substance and did not recommen...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Insurance Company's Appeal Dismissed for Lack of Evidence on License Violation. Claimant awarded Rs.1,00,000/- as just compensation under Section 166 of Motor Vehicles Act, 1988....

The case involves a motor accident claim arising from an incident on 27-03-2010 when the claimant, Somappa, was traveling as a pillion rider on a motorcycle bearing registration No.KA-24/A-2929. The m...

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High Court of Karnataka Quashes Tahsildar's Demolition Order Under Section 95 of Karnataka Land Revenue Act, 1964 — Lack of Jurisdiction as Dispute Involves Title and Possession. Tahsildar cannot exercise summary powers under Section 95 when there is a bona fide dispute regarding title and possession of land, which must be adjudicated by a Civil Court....

The petitioner, G.S. Siddaraju, filed a writ petition challenging an order dated 05.07.2016 passed by the Tahsildar, Davangere, under Section 95 of the Karnataka Land Revenue Act, 1964. By that order,...

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Bombay High Court Allows Writ Petition Challenging Stay of Suit Under Section 10 CPC. Trial Court Erred in Staying Subsequent Comprehensive Suit When Earlier Suit Was Only for Injunction and No Counterclaim Was Filed....

The petitioners filed a writ petition challenging an order dated 11.03.2015 passed by the trial court allowing an application under Section 10 of the Code of Civil Procedure, 1908 (CPC) filed by the r...

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Bombay High Court Dismisses Husband's Petition to Discard Wife's Affidavit Evidence in Maintenance Proceedings Under Section 125 CrPC. Affidavit of evidence filed under Order 18 Rule 4 CPC is valid evidence and cannot be discarded merely because it was filed by the wife in a maintenance case....

The petitioner, Anil Ambashankar Joshi, husband of the respondent Reena Anil Joshi, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 08.10.2015 passed by...

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Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition....

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,000 in 2002 and another loan of Rs.6,80,000 in 2003 ...