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Supreme Court Upholds Conviction for Murder in Private Defence Claim — Evidence of Intentional Fatal Stabbing on Vital Part Establishes Offence Under Section 302 IPC. Right of Private Defence Not Available Where Accused Was Aggressor and Attack Was Not in Good Faith.

The case involves an appeal by R. Jayapal against his conviction under Section 302 of the Indian Penal Code (IPC) for the murder of Poondhaisezhiyan. ...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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High Court of Karnataka Adjudicates Multiple Appeals and Cross-Objections Challenging Compensation Awards in Land Acquisition Matters. The Court Determined Market Value of Lands Acquired for a Minor Irrigation Tank in Kakhandaki Village, Bijapur District.

In the High Court of Karnataka, Kalaburagi Bench, a conglomeration of appeals and cross-objections under the Land Acquisition Act, 1894 challenged the...

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Bombay High Court Allows Writ Petition Challenging Reduction of Pension and Recovery of Excess Payment. Employer's Order Reducing Pay Fixed at Retirement and Recovering Excess Amount Set Aside as Violative of Principles of Natural Justice and Unreasonable.

The petitioner, Vijay Sambrao Bharati, a retired employee of Maharashtra Jeevan Pradhikaran, challenged an order of his employer that reduced the pay ...

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Supreme Court Reverses High Court's Order for Accounts; Holds Export Transactions as Sales Not Agency. Distinction Between Sale and Agency Clarified Under Indian Contract Act, 1872, Based on Contractual Terms and Course of Dealing.

The dispute arose between a trader in hides and skins (respondent) and an exporter (appellant) over the nature of their contractual relationship durin...

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KAHC010366622012_1

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...

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Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...