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Bombay High Court Allows Accused to Send Cheque for Handwriting Expert Opinion in NI Act Case — Rejection of Application by Magistrate Set Aside. Accused's Right to Lead Defence Evidence Includes Right to Seek Expert Opinion on Disputed Signature Under Section 45 of Indian Evidence Act, 1872....

The petitioner, Kamlakar Vithalrao Padwal, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judicial Magistrate First Class, Aurangabad. The...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit Against Municipal Council. Petitioners’ Unregistered Sale Deed and Will Deed Fail to Show Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC, 1908....

The writ petition was filed against the concurrent orders of the Joint Civil Judge, Senior Division, Osmanabad, and the Adhoc District Judge-1, Osmanabad, refusing to grant temporary injunction in a c...

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Bombay High Court Directs Institution to Implement Grievance Committee Decision for Retired Employee's Pensionary Benefits. Institution Must Forward Proposal for Monetary Benefits Within Four Weeks....

The petitioner, a retired employee of Respondent No. 7 institution (Milind College of Science, Aurangabad), sought enforcement of a decision passed by the Grievance Committee on 20.08.2010, which was ...

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Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact....

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing their arbitration petitions challenging three separate...

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Bombay High Court Allows Writ Petition of Retired Employee Seeking Pensionary Benefits. Confirms that Continuity of Service Awarded by Labour Court Entities Employee to Count Entire Service Period for Pension....

The petitioner, Dattatraya Laxman Rakh, was appointed as a Peon with the Maharashtra State Board of Secondary and Higher Secondary Education on 15 November 1984. His services were orally terminated on...

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High Court of Karnataka Dismisses Tenant's Revision in Rent Control Eviction Case — Building Constructed After 2001 Exempt from Karnataka Rent Act, 1999. Landlord's Suit for Ejectment Maintainable Under Small Causes Court Act as Section 2(3)(g) Exemption Applies to Premises Constructed After Commencement of the Act....

The case involves a civil revision petition filed by the tenant, K.A. Hameed, challenging the order dated 05.09.2013 passed by the II Additional Small Causes Judge and XXVIII ACMM, Bangalore, in S.C.N...

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High Court of Karnataka Hears Appeals Against Single Judge Order on Maintainability of Private Complaints Against Public Servants Under the Prevention of Corruption Act. The Single Judge Had Ruled That the Karnataka Lokayukta Act Does Not Expressly Exclude the Operation of Alternative Measures and There Is No Repugnancy With the Code of Criminal Procedure....

The case originated from private complaints filed by the respondent, Sirajin Basha, against the appellant, B.S. Yeddyurappa, a former Chief Minister of Karnataka. The respondent, along with another pe...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit — Modifies Interest Rate on Refund of Earnest Money. Court holds that in absence of pleading and evidence of commercial transaction, interest under Section 34 CPC at 6% per annum from date of suit is appropriate, not from date of agreement....

The respondent (original plaintiff) filed a suit for specific performance of a contract for sale of property, or in the alternative, for refund of earnest money of Rs. one lakh with interest at 18% pe...