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Bombay High Court Dismisses Appeal Against Arbitral Award in Brokerage Dispute — Upholds Indemnity Under Stock Exchange Bye-Law 218(d). The court held that the appellate tribunal's award was reasoned and not contrary to the Contract Act, and that TDS certificates do not constitute acknowledgment of liability....

The case involves an appeal against the dismissal of a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award. The appellant, a person sharing brokerage...

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High Court of Karnataka Allows Writ Petition Seeking Arrears of Salary and Consequential Benefits Following Acquittal in Criminal Case. Petitioner, a former Cotton Purchase Officer, was removed from service but acquitted in C.C.No.1/2003; Court directed reinstatement with full back wages and benefits as if no removal occurred....

The petitioner, K. Kannan, was employed as a Cotton Purchase Officer with the Cotton Corporation of India Limited. He was posted at the Raichur Centre and was issued an office order dated 01.02.2002 a...

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High Court of Karnataka Quashes Prosecution in Drugs and Cosmetics Act Case Due to Limitation Bar. Complaint filed beyond three-year limitation period under Section 468(2)(c) Cr.P.C. for offence under Section 27(d) of Drugs and Cosmetics Act, 1940....

The petitioners, M/s Modern Laboratories and its partner Arun Kumar Kharia, were accused in CC No.68/2012 on the file of the III Addl. Chief Judicial Magistrate, Mysore, for alleged violation of Secti...

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Bombay High Court Allows Writ Petition Challenging Transposition of Defendants as Plaintiffs in Suit Under Bombay Public Trust Act. Consent of Charity Commissioner Under Section 51 of Bombay Public Trust Act, 1950 Held Mandatory for Filing Suit Under Section 50; Transposition Cannot Bypass Statutory Requirement....

The petitioners, original plaintiffs in Regular Civil Suit No.1532 of 2000, challenged an order dated 3.1.2004 passed by the 5th Joint Civil Judge, J.D., Kolhapur, which allowed an application (Exhibi...

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Bombay High Court Quashes Prosecution Against Accused in Obscene Gesture Case — No Prima Facie Case Under Section 294 IPC. Gesture between husband and wife in fashion show not obscene; co-accused cannot be vicariously liable without active participation....

The petitioner, Ms. Abigail Stepen Rosa, was accused no.3 in Criminal Case No.398/PS/2010 pending before the Metropolitan Magistrate, 32nd Court, Bandra, along with filmstar Akshay Kumar and his wife ...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage....

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (CPC). The appellants, origina...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Derivative Transaction Dispute. Challenge Under Section 34 of Arbitration and Conciliation Act, 1996 Fails as Award Not Patently Illegal or Perverse....

The appeal arose from a judgment of a learned Single Judge dated 6 July 2012 dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award. The app...

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Bombay High Court Allows Revision Application in Land Acquisition Case — Railway Authority Directed to Pay Compensation for Land Acquired Under Land Acquisition Act, 1894. Court held that the applicants were entitled to compensation for the land acquired by the Central Railway for construction of a railway line, and the acquisition proceedings were valid....

The case involves a civil revision application filed by five applicants (Santosh, Gorakh, Machindra, Popat, and Raghunath, all sons of Shivram or Babasaheb Kanhuje, residents of Kolhyachiwadi, Rakshas...

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Bombay High Court Dismisses Sarpanch's Challenge to No-Confidence Motion in Maharashtra Village Panchayats Act Case. Writ Petition under Articles 226 and 227 fails as no-confidence motion was validly passed in special meeting presided by Tahsildar under Section 35(3-B) of the Maharashtra Village Panchayats Act, 1958....

The petitioner, Bhaskar s/o Laxmanrao Kadam, was the Sarpanch of Grampanchayat Nivgha (Bazar), Taluka Hadgaon, District Nanded. A special meeting was held on 25th March, 2013, presided over by the Tah...