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Bombay High Court Hears Writ Petition Challenging DRAT's Waiver of Pre-Deposit and Setting Aside of DRT Order Under SARFAESI Act; Auction Purchaser Disputes Complete Waiver Under Section 18 and Reversal of DRT's Dismissal of Securitisation Application....

The writ petition was filed by an auction purchaser under Article 226 of the Constitution of India, challenging two orders of the Debt Recovery Appellate Tribunal (DRAT) in Appeal No. 79 of 2008. The ...

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Bombay High Court Dismisses Petition Challenging Maintainability of Unfair Labour Practice Complaint Against Airline Services Provider. Services like aircraft cleaning and baggage handling are not 'air transport services' and the Central Government is not the appropriate government under Section 2(a)(i) of the Industrial Disputes Act, 1947....

The Petitioner, M/s. Livewel Aviation Services Pvt. Ltd., is engaged in providing various services to airline companies within airport precincts, including exterior and interior aircraft cleaning, bag...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement....

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaintiff, Wockhardt Ltd. The agreement contained an arb...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata....

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bearing survey no.222 (old), 234 (new) and survey no.2...

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Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908....

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No. 111, Hissa No. 1, situated at Gadhinglaj, Distri...

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High Court of Karnataka Quashes BESCOM Demand Notices for Alleged Theft of Electricity Due to Lack of Evidence of Tampering. Meter found to be in working condition and no pilferage detected, demand set aside as arbitrary....

The petitioner, Vishwas Concrete Products Private Limited, is a company engaged in the business of running a concrete mixing industrial unit. It had two electricity connections with BESCOM. BESCOM iss...

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High Court of Karnataka Dismisses Petitioners' Challenge to Apartment Construction in Residential Zone. Petitioners failed to prove zoning violation or need for environmental clearance; BBMP's approval upheld....

The petitioners, Sri. V. Dhamodaran and others, residents of Kaikondarahalli, Bangalore, filed writ petitions challenging the construction of an apartment complex by the respondents, including Bruhat ...

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Bombay High Court Dismisses Petition Against Double Punishment for Furlough Overstay — No Violation of Double Jeopardy as Remission Cut and Non-Reappointment as Convict Overseer Are Not Punishments Under Prison Rules....

The petitioner, Wilson Benjamin Castellino, a convict, was released on furlough on 19.11.2010 and was required to surrender on 4.12.2010. He failed to surrender and remained absconding for about two y...

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Bombay High Court at Goa Allows Petitioner to Lead Evidence in Civil Suit Despite Closure Order, Imposing Costs for Dilatory Conduct. The court set aside the trial court's order closing evidence of PW1, granting one final opportunity with costs of Rs. 5,000 to each respondent....

The petitioner, Ignatius Tony Pereira, filed a writ petition challenging an order dated 2.9.2016 passed by the learned Civil Judge, Senior Division, Vasco-da-Gama, closing the evidence of PW1 (the pet...