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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Upholds Maharashtra Fire Prevention Act, 2006 as Constitutionally Valid. Levy of fire prevention fee under Section 12 is a fee, not a tax, and the Act is within legislative competence.

The petitioners, Vidarbha Taxpayers Association and a citizen, filed a Public Interest Litigation challenging the constitutional validity of the Mahar...

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Bombay High Court Allows Impleadment of Third Parties in Specific Performance Suit Under Order 1 Rule 10(2) CPC — Co-owners and Signatories to Development Agreement and Partition Deed Held Necessary for Effectual Adjudication.

The petitioner, M/s. Divya Builders, a registered partnership firm, filed a suit for specific performance of contract and permanent injunction against...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Female Baby — No Illegal Detention Established. Court holds that habeas corpus is not maintainable when the alleged detenu is not in custody of respondents and the petitioner fails to prove illegal detention.

The petitioner, Smt. Shankramma Poojari, a fruit vendor, filed a habeas corpus petition under Articles 226 and 227 of the Constitution of India before...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Domestic Violence Case. Husband Set Wife on Fire After She Refused Money for Alcohol, Dying Declaration Found Reliable Despite Not Being in Question-Answer Form.

The appellant, Suresh Sadu Kamble, was convicted by the 3rd Additional Sessions Judge, Kolhapur, for the murder of his wife, Shakuntala, under Section...

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High Court of Karnataka Allows Appeal Against Withdrawal of Partition Suit Without Notice to Defendant. Order permitting withdrawal under Order 23 Rule 1 CPC set aside as defendant No.3 was not heard before allowing the application.

The appellant, Smt. Mahadevi, was defendant No.3 in a partition suit (O.S. No.294/2002) filed by respondent No.1 (Mallikarjun) against the head of the...