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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case but Remands for Proportionality Review. Court directs Labour Court to examine whether dismissal for causing death of three persons in bus accident is shockingly disproportionate, while upholding fairness of domestic enquiry....

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the order of the Labour Court at Jalgaon dated 30-04-2013, which set aside the dismissal of the respondent, a bus drive...

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  • 159
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High Court

Karnataka High Court Quashes Reservation Notification for President Post in Town Municipal Council, Kampli — Violation of Rotation Policy Under Article 243T of Constitution. Reservation of President post for Scheduled Caste (Women) in Seventh Term found contrary to Karnataka Municipalities Act, 1964 and Karnataka Municipalities (Reservation of Offices of President and Vice-President) Rules, 1995 as the post was already reserved for Scheduled Caste in the Sixth Term....

The petitioners, elected members of the Town Municipal Council, Kampli, challenged a notification dated 23/08/2013 issued by the State of Karnataka (respondent No.1) under Article 226 and 227 of the C...

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  • 122
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Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses....

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner, Shrikant Rege, died during the pendency of the pe...

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  • 163
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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction....

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alleging that the defendant's use of the mark 'ITM' fo...

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  • 133
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High Court

Bombay High Court Grants Injunction in Copyright Infringement Case for Technical Drawings of Flash Lights. Court holds that copyright subsists in technical drawings under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement....

The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defendants were manufacturing and selling flash lights ...

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  • 213
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High Court

Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy....

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder) against Bhatia International Limited (BIL, the aw...

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  • 229
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Bombay High Court Dismisses Challenge to Executive Magistrate's Order Under Section 145 CrPC in Land Dispute — Civil Suits Pending, No Interference Warranted. The court held that orders under Section 145 CrPC are not binding on civil courts and inherent powers under Section 482 CrPC should not be exercised when civil remedies are available....

The applicant, Amrishchandra Agarwal, was a party in proceedings under Section 145 of the Code of Criminal Procedure, 1973 (CrPC) initiated on a police report regarding a large land dispute involving ...

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  • 183
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Bombay High Court Allows Refund of Service Tax on Onsite Work at Customer's Premises Under Export of Service Rules, 2005. The court held that onsite work at customer's premises abroad qualifies as 'Service Provided from India' under Rule 3(2)(a) of the Export of Service Rules, 2005, and the appellants are entitled to refund of service tax paid....

The case involves appeals by Tech Mahindra Limited and other assessees against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which held that for the period up to 27.02.2...

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  • 109
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High Court

Bombay High Court Allows Revenue's Appeal in Service Tax Export Refund Case — Condition for Export of Services Post-27.02.2010 is Only Payment in Convertible Foreign Exchange. The court held that after omission of clause (a) of subrule (2) of Rule 3 of Export of Service Rules, 2005, the only condition for export is receipt of payment in convertible foreign exchange....

The Commissioner of Central Excise, Pune-III, filed six appeals under the Central Excise Act against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which had allowed refu...

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  • 150
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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 306 and 498-A IPC Set Aside as Prosecution Failed to Prove Cruelty or Instigation Leading to Suicide....

The appellant, Gulab Ghorpade, was convicted by the 2nd Additional Sessions Judge, Aurangabad, for offences under Sections 306 and 498-A of the Indian Penal Code (IPC) and sentenced to three years rig...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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