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High Court of Karnataka Allows Writ Petition Seeking Further Investigation in Criminal Case — Magistrate's Order Quashed for Non-Application of Mind. Complainant's Right to Fair Investigation Upheld Under Section 173(8) CrPC....

The petitioner, Smt. Hemavathi I.B., filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside a...

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High Court of Karnataka Quashes Blacklisting Order Against Pharmaceutical Distributor for Violation of Natural Justice. Blacklisting Without Show Cause Notice and Opportunity of Hearing Held Invalid Under Article 226 of Constitution of India....

The petitioner, M/s. Sujal Pharma, a proprietorship firm engaged in pharmaceutical distribution, challenged a blacklisting order dated 29.10.2021 issued by the respondent, Karnataka State Medical Supp...

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High Court of Karnataka Dismisses Appeal by Town Municipality in Land Acquisition Compensation Case — Reference Held Within Limitation. Court upholds reference filed under Section 18 of Land Acquisition Act, 1894 as within time, rejecting appellant's limitation plea based on lack of evidence of valid award notice....

The Town Municipal Council, Holenarasipur, the beneficiary of land acquisition, appealed against the judgment and award dated 30.01.2020 passed by the Senior Civil Judge, Holenarasipur in LAC No. 180/...

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Bombay High Court Allows Refund of Stamp Duty in Agreement Cancellation Case Due to Developer's Failure. Section 48(1) of Maharashtra Stamp Act does not bar refund when cancellation is for valid reasons and application is made within reasonable time....

The petitioners, Harshit Harish Jain and another, entered into an Agreement for Sale dated 30 August 2014 with M/s Krona Realties Private Limited for purchase of a flat. They paid stamp duty of Rs.27,...

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Bombay High Court Dismisses PCIT's Challenge to Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found. The court held that the Settlement Commission's order under Section 245D(4) is quasi-judicial and can only be challenged on limited grounds, and the PCIT failed to establish any jurisdictional error or perversity....

The Principal Commissioner of Income Tax (Central)-3, Mumbai filed a writ petition under Article 226 of the Constitution of India challenging an order dated 27th September 2018 passed by the Income Ta...

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Bombay High Court Allows Writ Petitions Challenging Competent Authority's Orders Under MOFA, 1963 — Orders Quashed for Lack of Jurisdiction and Violation of Natural Justice. The Competent Authority under Section 5A of MOFA, 1963 cannot adjudicate title or possession of land, and must follow principles of natural justice....

The judgment involves two writ petitions: Writ Petition No. 180 of 2018 filed by Marathon Era Co-operative Housing Society Ltd and Writ Petition No. 295 of 2015 filed by Gulmohar Lokmilan Co-operative...

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Bombay High Court Dismisses PIL Challenging Environmental Clearance for Vadhavan Port Project — Upholds Validity of CRZ Clearance and Public Hearing Process. The court held that the Dahanu Taluka Environment Protection Authority had jurisdiction to grant CRZ clearance and that the public hearing was conducted in accordance with law....

The judgment concerns two public interest litigations (PILs) filed by Conservation Action Trust and Debi Goenka, and by National Fishworkers Forum and other fishermen associations, challenging the env...

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Bombay High Court Allows Revision Application of Sub-Tenant in Rent Control Matter. Sub-tenant with paid-up capital less than Rs 1 crore held entitled to protection under Maharashtra Rent Control Act, 1999 despite tenant's exclusion under Section 3(1)(b)....

The case involves a dispute over the applicability of the Maharashtra Rent Control Act, 1999 to a sub-tenant. The applicant, Frick India Ltd, claimed to be a sub-tenant of Bakelite Hylan Ltd (the tena...