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Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record....

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition No. 66 of 1991 and to condone the delay in bringing...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order....

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim order dated 15.12.2012 passed on I.A. No. 4 filed unde...

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High Court of Karnataka Allows Appeal by School Principal in Motor Vehicle Accident Claim — Reduces Compensation Due to Contributory Negligence. Pedestrian crossing road without care held 50% contributorily negligent, reducing liability of vehicle owner and insurer under Motor Vehicles Act, 1988....

The case arises from a motor vehicle accident claim. The appellant, Principal of St. Mary's Convent, owned a vehicle involved in an accident with a pedestrian, G. Venkateshwaralu. The injured claimant...

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Bombay High Court Allows Petition and Quashes Civil Imprisonment for Breach of Injunction Due to Lack of Knowledge of Injunction Order. The court held that under Order 39 Rule 2A of the Code of Civil Procedure, 1908, knowledge of the injunction order must be proved before punishing for breach....

The petitioners, Dr. Vinod Babarao Rode and Sou. Varsha Vinod Rode, filed a writ petition challenging an order dated 15.10.2010 passed by the trial court under Order 39 Rule 2A of the Code of Civil Pr...

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High Court of Bombay Examines Appeal by 100% Export Oriented Unit Against Customs Duty Confirmation Due to Export Obligation Shortfall. The Issue Pertains to Whether Extension of Letter of Permission by Development Commissioner Validates EOU Status and Precludes Customs Action Under Sections 61 and 72 of the Customs Act, 1962....

The appellant, a 100% Export Oriented Unit (EOU) engaged in manufacturing HDPE ropes, was granted a letter of permission (LOP) dated 9 September 1998 by the Government of India, valid for three years,...

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Bombay High Court Allows Writ Petition Challenging Appointment of Respondent No. 3 as Driver in Municipal Corporation Due to Non-Compliance with Reservation Policy. Appointment of Respondent No. 3 Quashed for Lack of Proper Caste Certificate Verification, Petitioner's Claim for Reserved Category Post Upheld....

The petitioner, Bhushan Vijay Ahire, applied for the post of driver in the Municipal Corporation, Dhule, pursuant to an advertisement dated 01.10.2011. He belonged to the Vimukta Jati (Nomadic Tribe) ...

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High Court of Karnataka Quashes Compulsory Retirement Order as Stigmatic and Invalid. Order of compulsory retirement based on allegations of misconduct without proper inquiry is punitive and stigmatic, requiring prior opportunity of hearing....

The petitioner, J.K. Lonakar, joined the service of the respondent, Karnataka Food and Civil Supplies Corporation Limited, a government-owned company registered under the Companies Act, 1956. He was p...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Employee. Negligence of Driver and Owner Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988....

The case involves an appeal filed by the National Insurance Co. Ltd. under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 30.08.2008 passed by the Presiding Offic...

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Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Quashing Charge Memo Due to Delay and Quasi-Judicial Functions. The Court Held That Disciplinary Proceedings Initiated After 8 Years for Acts Done in Discharge of Official Duties as Income Tax Officer Were Unjustified and Caused Prejudice to the Employee....

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Administrative Tribunal (CAT), Nagpur Bench, dated 26th ...