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Karnataka High Court Quashes Election to Central Council of Indian Medicine Due to Procedural Irregularities in Scrutiny of Nomination Forms. Court holds that Returning Officer's failure to provide adequate opportunity to cure defects and non-application of mind to objections vitiates the election process under the Indian Medicine Central Council Act, 1970....

The petitioners, Dr. Rajashekar Bhusanurmath and Dr. Patil Devendragouda Mallikarjunagouda, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 30....

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Bombay High Court Allows Landlady's Petition in Rent Control Case — Notice Demanding Higher Rent Than Agreed Rent Is Valid Under Section 15 of Maharashtra Rent Control Act, 1999. The Court held that a notice under Section 15 demanding a higher rent than the agreed rent is not bad in law, and the tenant must pay the admitted rent within 90 days....

The petitioner, Smt. Fehameeda Begum, is the landlady of a premises occupied by the respondent, Shri Abdul Hafiz, as a tenant. The landlady issued a notice under Section 15 of the Maharashtra Rent Con...

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Bombay High Court Allows Amendment of Plaint to Claim Alternative Relief of Possession in Suit for Specific Performance. The Court held that amendment of pleadings can be allowed even after trial has begun if no new evidence is required and no prejudice is caused, and that Article 137 of the Limitation Act does not apply to such amendments....

The Petitioner, Shashikant Jagannath Powar, filed a Suit for specific performance of a contract against the Respondents, Baburao Huvappa Kurhade (deceased through LRs) and others. During the trial, th...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Rejection of Condonation of Delay in Termination Appeal. Tribunal's Finding of No Sufficient Cause for 18-Month Delay Upheld as Not Perverse Under Article 227 Supervisory Jurisdiction....

The petitioner, a peon in a private school run by respondent No.3, was orally terminated from service on 20th June 1998. He filed an appeal before the School Tribunal at Nashik under the Maharashtra E...

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High Court of Karnataka Acquits Accused in Rape Case Based on Promise of Marriage — Consent Found Voluntary and Not Vitiated by False Promise. The court held that sexual intercourse on a promise of marriage does not constitute rape if the promise was not false from the inception and the consent was voluntary....

The appellant, Mallesh, was convicted by the Additional Sessions Judge, Fast Track Court-III, Raichur, in Sessions Case No.79/2007 for the offence of rape under Section 376 of the Indian Penal Code, 1...

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High Court of Bombay at Goa Quashes Trial Court's Order Closing Plaintiff's Evidence Due to Genuine Reason for Absence. Imposition of Costs as Condition for Setting Aside Closure Order Ensures No Abuse of Process Under Civil Procedure Code....

This writ petition under Articles 226 and 227 of the Constitution of India was filed by the Union of India through the Central Public Works Department against an order of the Ad-hoc District Judge, No...

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Bombay High Court Adjudicates Notice of Motion in Trade Mark Infringement Suit — Use of Registered Mark on Recycled Bottles Examined Under Sections 29 and 30 of Trade Marks Act, 1999; Defendant's Claim of Inadvertent Use Rejected....

The case arose from a trade mark infringement action instituted by SABMiller India Limited (formerly SKOL Breweries Ltd.) against Som Distilleries & Breweries Ltd. before the Bombay High Court. The pl...

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High Court of Judicature at Bombay Allows Wife's Appeal for Maintenance Under Hindu Adoptions and Maintenance Act, 1956. Non-entitlement to maintenance by trial court was erroneous given evidence of cruelty and desertion, entitling wife to Rs.750 per month under Section 18 from date of application....

The appeal before the High Court of Judicature at Bombay arose from the judgment of the Family Court, Bandra, Mumbai, which had partly allowed a petition under Sections 18 and 20 of the Hindu Adoption...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt....

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale of a plot of land in Bhayander, Thane, for a tota...

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Bombay High Court Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act....

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police, Mumbai dated 28 October 2004 declining to grant ...