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High Court of Karnataka Allows Revision Petition in Wakf Property Dispute — Plaintiff's Suit for Declaration of Ownership Not Barred by Wakf Act. The court held that the bar under Section 85 of the Wakf Act, 1995, does not apply when the plaintiff denies the property is Wakf and claims independent title, and the civil court has jurisdiction to decide such disputes....

The petitioner, Md. Abrar Khan, through his natural father Md. Arif Khan, filed a civil suit (O.S. No. 6/2005) before the Karnataka Wakf Tribunal, Gulbarga, seeking a declaration of ownership and perm...

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Bombay High Court Allows Writ Petition Challenging Revisional Order in Co-operative Society Membership Dispute — Fraud Allegations Require Inquiry. Revisional Authority Must Consider Fraud Allegations Under Section 154 of Maharashtra Co-operative Societies Act, 1960 Before Dismissing Revision....

The petitioner, Janardan Daji Naik, was a promoter member of Mahim Causeway Machhimar Co.op.Housing Society Ltd. (Respondent No.1), registered under the Maharashtra Co-operative Societies Act, 1960. O...

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Bombay High Court Allows Appointment of Registrar with Administrative Experience in Educational Institution - Joint Director's Rejection Set Aside. The court held that the Joint Director erred in refusing approval on the ground of lack of experience in an educational institution when the candidate had more than three years of administrative experience....

The petitioners, Women's Education Society (a registered society and public trust), its college, and Smt. Rashmi Hrishikesh Deshpande, challenged the order of the Joint Director of Higher Education, N...

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Bombay High Court Allows Writ Petition for Parity in Non-Practicing Allowance for Ayurvedic Teachers. Held that Government Resolution dated 15.10.1993 entitles petitioners to same non-practicing allowance as government counterparts....

The petitioners, fifteen Ayurvedic lecturers and professors working at D. M. M. Ayurved Mahavidyalaya in Yavatmal, filed a writ petition under Article 226 of the Constitution of India seeking parity i...

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Bombay High Court Allows Withdrawal of Plea Bargaining Application in Diamond Theft Case — Interpretation of Section 265-E(d) CrPC Permits Withdrawal Before Final Order. The court held that the discretion under clause (d) must be exercised judicially, and withdrawal should be allowed when the accused is not willing to accept the proposed sentence....

The petitioners, four foreign nationals from Mexico and Venezuela, were arrested in Dubai on 26 August 2010 in connection with the theft of diamonds worth Rs. 6,60,85,000 from an international jewelle...

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Bombay High Court Quashes Externment Order Under Bombay Police Act for Non-Compliance with Section 59 — Show-Cause Notice Not Served by Authorized Officer. The court held that the show-cause notice under Section 59 must be issued by an officer authorized by the State Government, and failure to do so vitiates the externment proceedings....

The petitioner, Bharat Aaratmal Ramtara @ Kara, challenged an externment order dated 16th May 2011 passed by the Deputy Commissioner of Police, Zone-VI, Mumbai under Section 56(1)(a)(b) of the Bombay ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Documents. Father of detenu successfully challenged preventive detention order passed under Section 3(1) of COFEPOSA Act, 1974 on grounds of non-application of mind by detaining authority and failure to supply vital documents....

The petitioner, Shri Rashid Kapadia, father of the detenu Khalil Ahmed Rashid Ahmed Kapadia, filed a writ petition under Article 226 of the Constitution of India challenging the detention order dated ...

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High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred....

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tribunal under the Maritime Arbitration Rules of the...

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Bombay High Court Allows Amendment of Reference Application in Land Acquisition Case Due to Non-Service of Notice Under Section 12(2). The court permitted the petitioners to amend their reference application to plead that no notice under Section 12(2) of the Land Acquisition Act, 1894 was served, which was relevant to the limitation issue raised by the acquiring body....

The petitioners, owners of lands acquired by the Malegaon Municipal Council (now Corporation), were dissatisfied with the compensation awarded under the Land Acquisition Act, 1894. They filed a refere...