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Bombay High Court Upholds School Tribunal's Order Reinstating Headmistress in Service Dispute Under MEPS Act. Termination Set Aside for Non-Compliance with Section 9(2) Requirement of Prior Approval Before Dismissal.

The petitioners, Andheri Education Society and Seth M.A. High School, challenged the judgment and order dated 16 October 2015 passed by the learned Pr...

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High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940.

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companie...

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High Court of Karnataka Dismisses Writ Petition Seeking Mandamus for Release of Contractual Payment Due to Disputed Facts. Court holds that disputed questions of fact regarding work completion and measurement cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India.

The petitioner, M/s. GVPR Engineers Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction in the nat...

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High Court of Karnataka Dismisses Writ Petition Challenging Tender Cancellation in Laboratory Equipment Supply Contract. Petitioner failed to establish arbitrariness or mala fides in respondent's decision to cancel tender and issue fresh notification.

The petitioner, V.P. Enterprises, a proprietary concern dealing in laboratory equipment, consumables, and chemicals, filed a writ petition under Artic...

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High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

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Bombay High Court Quashes Removal of Sarpanch in Maharashtra Village Panchayat Act Case — State Government's Appellate Order Set Aside for Non-Compliance with Natural Justice. Failure to Provide Personal Hearing and Reasoned Order Violates Section 39(3) of Maharashtra Village Panchayat Act, 1959.

The Petitioner, Mangal Mahadu Korde, was elected as Sarpanch of Wakalwadi Village Panchayat in 2021. Respondent No.5, a member of the Panchayat, lodge...

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Karnataka High Court Upholds Cancellation of CL-2 Liquor License for Violation of Distance Norms Under Karnataka Excise Act, 1965. License Granted in Contravention of Rule 8(2) of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 Set Aside.

The case involves two writ appeals arising from a common order dated 07.09.2022 passed by a learned Single Judge in Writ Petition No.50353/2019. The a...