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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Supreme Court Directs Protection of Sacred Groves/Orans in Rajasthan as Deemed Forests Under Forest Conservation Act, 1980. Recognizes Ecological and Cultural Significance of Community-Conserved Forests and Balances Community Rights with Conservation Goals.

The Supreme Court of India was hearing an interlocutory application in the ongoing T.N. Godavarman Thirumulpad v. Union of India writ petition, which ...

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Supreme Court Allows Appeal in Sales Tax Classification Dispute — Maize Starch Held Exempt as Product of Millets Under Tamil Nadu General Sales Tax Act, 1959. Exemption Notification Prevails Over General Taxation Entry for 'Starch of Any Kind'.

The appellant, Santhosh Maize & Industries Limited, a dealer in maize starch since 1975, was registered under the Tamil Nadu General Sales Tax Act, 19...

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Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 377 IPC and Sections 3 and 4 of POCSO Act set aside as testimonies of child victims were contradictory and unsupported by medical evidence.

The appellant, Navin Dhaniram Baraiye, was convicted by the Additional Sessions Judge, Nagpur in Special POCSO Case No. 218/2016 for offences under Se...

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Bombay High Court Dismisses Section 34 Petitions Against Partial Arbitral Awards in Koyna Hydro Electric Project Sub-Contract Dispute. Challenge to awards failing on grounds of settlement and coercion under Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Patel Engineering Co. Ltd. (th...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Supreme Court Allows Appeal of Telecom Company in Industrial Dispute, Holding Regional Business Head Not a 'Workman' Under Industrial Disputes Act. Managerial and Supervisory Duties Exclude Employee from Section 2(s) Definition Despite Absence of Power to Appoint or Dismiss.

The Supreme Court allowed the appeal filed by M/s Bharti Airtel Limited against the judgment of the Karnataka High Court which had held that the respo...