High Court

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High Court Quashes Pre-Execution Detention Order Under COFEPOSA Due to Violation of Statutory Safeguards. Order Passed Under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Set Aside Because No Steps Were Taken to Serve the Order or Grounds and Material....

The petitioner, a businessman and proprietor of J.J. Enterprises engaged in importing mobile accessories, filed a writ petition under Article 226 of the Constitution of India challenging a detention o...

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Bombay High Court Allows Second Set of Interrogatories in Civil Suit — No Bar Under Order 11 Rule 1 CPC. Trial court must consider interrogatories on merits rather than rejecting them solely on the ground that interrogatories were already delivered once....

The petitioner, original plaintiff in Special Civil Suit No.164 of 2006, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 22.10.2012 passed by ...

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Bombay High Court Quashes Charges Against Accused in Obscene Material Case — No Prima Facie Case Under Section 292 IPC for Possession of Obscene Books Without Evidence of Sale or Distribution. Alleged Offences Under Section 292 IPC and IT Act Fail as Material Not Obscene and No Mens Rea Established....

The petitioner, Jeevan Govrdhan Band, was accused no.2 in R.C.C. No. 833 of 2011 pending before the Judicial Magistrate, First Class, Beed, arising out of C.R. No. 3032/2011 for offences under Section...

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High Court of Karnataka Allows Appeal in NI Act Case — Complainant Company's Authorised Representative Held Competent to File Complaint. The court set aside acquittal and remanded the case for fresh consideration on merits, finding that the trial court erred in holding that the complaint was not filed by an authorised person....

The appellant, M/s Canara Workshops Limited, a company incorporated under the Companies Act, 1956, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M...

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High Court of Karnataka Allows Appeals in Central Excise Classification Dispute — Steel Products Classified as 'Angles, Shapes and Sections' Under Section 4A of Central Excise Act, 1944. Court holds that MRP-based valuation applies only when product is covered by Standards of Weights and Measures Act, 1976 and rules thereunder....

The judgment involves three writ appeals filed by M/s Meenakshi Steel Re-rolling Mills and M/s Bhuwalka Steel Industries Limited against the Union of India and Central Excise authorities. The core dis...

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High Court of Bombay Quashes Orders Declaring Tenant Not a Tenant Due to Lack of Jurisdiction of Mamlatdar. Mamlatdar Held Not Appointed Under Section 2(15) of Goa, Daman and Diu Agricultural Tenancy Act, 1964, Rendering Orders Nullity....

Two writ petitions were filed by the legal heirs of Ganesh Rama Gaonkar and Smt. Shevanti Govind Gaonkar challenging the orders of the Mamlatdar of Canacona, the Deputy Collector of Quepem, and the Ad...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided....

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree against the respondent, Mr. Vitorino Mendonca, in...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925....

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP (Oral Grade) weighing about 1184 kg, which were al...