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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Send Document for Expert Opinion in Suit for Specific Performance. Court holds that the trial court erred in rejecting the application under Section 45 of the Evidence Act, 1872 without considering the necessity of expert opinion to determine the genuineness of the document....

The petitioner, who is defendant No.1 in O.S. No.10/2009 pending before the Court of Civil Judge (Sr.Dn.) Gangavati, filed two writ petitions under Articles 226 and 227 of the Constitution of India. T...

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High Court of Karnataka Quashes Criminal Proceedings Against KPCL Officers in Unauthorised Occupation Dispute — Acts of Official Duty Not Constituting Criminal Offences. The court held that the complaint did not disclose ingredients of Sections 143, 147, 448, 427, 504, 506 IPC and proceedings were an abuse of process under Section 482 CrPC....

The petitioners, L. Prabhuswamy (Chief Engineer) and Abdul Majeed (Executive Engineer), were employees of Karnataka Power Corporation Ltd. (KPCL), a state-owned power generating company. KPCL had allo...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Withdrawal of Suit Under Section 50 of Maharashtra Public Trusts Act, 1950 — Petitioner Failed to Show Sufficient Cause for Withdrawal of Suit Filed in Representative Capacity....

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging an order dated 21.1.2016 passed by the learned Joint Charity Commissioner, Nagpur, rejecting his application for withdr...

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Bombay High Court Dismisses Writ Petitions Challenging Rejection of Withdrawal of Suit Under Maharashtra Public Trusts Act. Joint Charity Commissioner's Order Upheld as No New Trust Was Created and Suit Was Not Maintainable....

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging the order dated 21.1.2016 passed by the learned Joint Charity Commissioner, Nagpur, rejecting his application for withd...

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Bombay High Court Quashes Disqualification of Councillor Under Maharashtra Municipal Corporation Act — Commissioner's Order Set Aside for Violation of Natural Justice and Lack of Jurisdiction. The Court Held That the Power Under Section 10(1D) Must Be Exercised After Giving a Reasonable Opportunity of Hearing and by a Reasoned Order....

The petitioner, Shri Mallesh Shivan Shetty, was elected as a councillor from Ward No. 42 of Kalyan Dombivali Municipal Corporation in October/November 2015. He filed a writ petition challenging an ord...

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Bombay High Court Upholds Labour Court Awards in Favor of Retrenched Municipal Workers — Daily Wage Employees Entitled to Reinstatement with Continuity and Back Wages. Municipal Corporation's Challenge Dismissed as Workers Were Denied Benefits Under Section 25-F of Industrial Disputes Act, 1947 Despite Long Service....

The Ahmednagar Municipal Corporation (petitioner) filed multiple writ petitions challenging common awards passed by the Labour Court, Ahmednagar, which ordered reinstatement of several daily wage work...

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High Court of Karnataka Dismisses Second Appeal in Water Channel Dispute — No Substantial Question of Law. Concurrent findings of fact by lower courts regarding right to draw water from a channel cannot be interfered with under Section 100 of CPC unless perverse....

The dispute arose between neighbouring landholders regarding a water channel that existed on the northern side of the plaintiff's suit schedule property and passed through it to the defendants' proper...

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High Court of Karnataka Allows Revenue Appeals in KVAT Composition Tax Dispute — Limitation for Reopening Assessment Under Section 39(1) of KVAT Act, 2003 Is Four Years from End of Relevant Tax Period. Show-cause notice issued on 02/07/2010 for tax year ending 31/03/2007 is within limitation, not barred by delay....

The case involves appeals by the Revenue (Assistant Commissioner of Commercial Taxes, Commissioner of Commercial Taxes, and State of Karnataka) against an order of the learned Single Judge of the Karn...