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Supreme Court Dismisses State Appeal and Upholds Striking Down of State Government’s Power to Extend Section 144 Orders Beyond Two Months. Extension of Magisterial Orders by Executive Fiat Without Judicial Review Held Violative of Article 19(1)(b),(c),(d) and Not Saved by Reasonable Restrictions.

The dispute involved a constitutional challenge to the second part of section 144(6) of the Code of Criminal Procedure, 1898, which permitted the Stat...

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High Court Quashes Permanent Custody Order in Domestic Violence Case, Interprets Section 21 as Limited to Temporary Relief. Magistrate Lacks Jurisdiction to Grant Custody of Children Beyond Pendency of Application Under Protection of Women from Domestic Violence Act, 2005.

The revision arose from concurrent orders granting maintenance and custody under the Protection of Women from Domestic Violence Act, 2005. The respond...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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Bombay High Court Allows Petition Challenging Appellate Restraint Order in Property Dispute — Status Quo Order Revived After Remand. The Appellate Court's direction to maintain status quo was held to be without jurisdiction as the earlier High Court order already covered the same.

The petitioner, Morries Housing Private Limited, challenged an order dated 26/09/2011 passed by the lower Appellate Court in an appeal arising from a ...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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Bombay High Court Quashes Temporary Dismissal of Employee Pending Disciplinary Proceedings — 'Temporary Dismissal' Held to be a Concept Alien to Service Jurisprudence. The court held that only suspension is permissible as an interim measure and quashed the order of temporary dismissal.

The petitioner, Kailash Bhaskarrao Deshmukh, an employee of the Aurangabad Zilla Parishad Karmachari Sahakari Patsanstha Ltd., was aggrieved by an ord...

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High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...