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Gujarat High Court Dismisses Letters Patent Appeal Against Clarification Order as Not Maintainable. Clarification Application Cannot Be Used to Re-argue Merits of the Case.

The case involves two Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865. The first appeal (LPA No. 663 of 2024) challenges an o...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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Bombay High Court Allows Writ Petition in Cheque Dishonour Case, Holding Mumbai Court Has Jurisdiction. Presentation of cheque at complainant's bank in Mumbai constitutes part of cause of action under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, M/s. Ruchi Soya Industries Ltd., filed a criminal writ petition challenging an order of the Special Metropolitan Magistrate, Mumbai, d...

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Bombay High Court Dismisses Petition Challenging Promotion Quota Between Degree and Diploma Holders. Classification based on educational qualifications for promotion from Junior Engineer to Assistant Engineer is reasonable and not violative of Articles 14 and 16.

The petitioners, K.K. Bhaskaran and Sarjeet Singh, were working as Junior Engineers in the Electrical Department of the Administration of Union Territ...

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Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

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Bombay High Court Allows Depositor's Appeal in MPID Act Case, Directs Release of Attached Property on Bank Guarantee. Court holds that Section 4 of MPID Act does not require deposit of entire amount claimed by depositor for release of property.

The case involves two appeals: Criminal Appeal No. 451 of 2020 filed by Rabibai Mohamad Ismail (appellant) and Criminal Appeal No. 88 of 2021 filed by...