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High Court of Karnataka Quashes Perjury Proceedings Initiated Without Following Section 340 CrPC Procedure. Magistrate's Suo Motu Direction to Register Case for Inconsistent Evidence Under Section 193 IPC Set Aside Due to Procedural Irregularity....

The petitioner, Noor Mohammad, had filed an FIR against one Nabisab for offences under Sections 447, 324, and 504 IPC. After investigation, a charge sheet was filed and the case was registered as C.C....

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Bombay High Court Acquits Appellant in Parricide Case Due to Lack of Corroboration and Improper Investigation. Conviction under Sections 304(II) and 201 IPC Set Aside as Circumstantial Evidence and Confession Fail to Establish Guilt Beyond Reasonable Doubt....

The appellant, Bhika Mahadeo Agalate, was convicted by the Additional Sessions Judge, Khamgaon, for the murder of his father Mahadeo Agalate under Section 304(II) (culpable homicide not amounting to m...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Records — Dispute Over Title Cannot Be Decided in Revenue Proceedings Under Maharashtra Land Revenue Code, 1966....

The petitioners, ten individuals claiming to be the legal heirs of one Ganpat Surpame, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. ...

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Bombay High Court Quashes State Order Handing Over Government Land to Private Educational Society in Chikhaldara — Violation of Statutory Rules and Public Trust Doctrine. Land Grant Set Aside as State Failed to Follow Procedure Under Maharashtra Land Revenue Code and Rules, and Encroached on Municipal Land Without Proper Sanction....

The petitioners, residents and municipal council members of Chikhaldara, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 24-4-1998 passed by the State ...

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Bombay High Court Allows Appeal in ESI Contribution Case Due to Limitation from Date of Receipt. Period of 60 days under Section 45AA of Employees' State Insurance Act, 1948 runs from date of communication of order, not date of passing....

The petitioner, Buldana Urban Cooperative Society Ltd., challenged an order dated 22.3.2013 passed by the Deputy Director, Employees State Insurance Corporation under Section 45A of the Employees' Sta...

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Bombay High Court Allows Writ Petition, Restores Trial Court Order Rejecting Application Under Order 9 Rule 13 CPC. Decree Passed Under Order 8 Rule 10 CPC for Failure to File Written Statement Cannot Be Set Aside Under Order 9 Rule 13; Proper Remedy Is Appeal....

The petitioner, Ashok Kundalrai Mohekar, was the owner of suit premises occupied by respondent Nos. 1 and 2 (National Textile Corporation Ltd.) as tenants paying monthly rent of Rs. 3085/-. The petiti...

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Bombay High Court Dismisses Writ Petition Challenging Return of Section 34 Application for Lack of Jurisdiction. Court Holds That Under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, Jurisdiction Lies With the Court Where Arbitration Is Conducted, Not Where the Petitioner Resides....

The petitioner, Dr. Ravindra Balaji Govindwar, challenged an arbitral award dated 21.12.2013 passed by the arbitrator (respondent no. 6) in proceedings under the Arbitration and Conciliation Act, 1996...

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APPEAL FROM ORDER No. 54 OF 2012...

The matter involved two appeals from orders arising out of Special Civil Suit No.2/2012 pending before the Civil Judge, Senior Division, Bicholim. The parties were related family members who operated ...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Due to Non-Placement of Vital Bail Order. The court held that failure to place the detailed bail order before the Detaining Authority vitiated the subjective satisfaction under Section 3(1) of COFEPOSA....

The petitioner, Shobha Dattatray Bodake, filed a writ petition under Article 226 of the Constitution of India challenging the preventive detention order dated 29th September 2014 passed against her hu...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Approval Under Section 10(23C)(via) of Income Tax Act, 1961 for Charitable Hospital Trust. Creation of Capital Assets from Surplus Funds Indicates Non-Philanthropic Purpose, Court Holds....

The petitioner, M/s Yash Society, a public trust registered under the Bombay Public Trust Act, 1950 and the Societies' Registration Act, 1860, runs a hospital. Its main object is to relieve persons su...