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Bombay High Court Quashes MSEFC Award for Lack of Jurisdiction Over Buyer Outside Maharashtra. Territorial Jurisdiction of Facilitation Council Under Section 18 of MSMED Act, 2006 Cannot Extend to Buyers Located Outside Its Territorial Limits.

The petitioner, Gujarat State Petronet Ltd., a company incorporated under the Companies Act, 1956 with its registered office in Gandhinagar, Gujarat, ...

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Bombay High Court Dismisses Review Petition in Arbitration Appointment Case — Party Cannot Take Inconsistent Stances. Original Respondent's written commitment to a court-appointed sole arbitrator binds it, and its subsequent objection to the appointment is inequitable conduct.

The Original Respondent (Global Zone Sanitory Infrastructure Pvt. Ltd.) filed a Review Petition against an order dated June 20, 2024, appointing a sol...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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High Court of Karnataka Dismisses PIL Seeking Implementation of Cow Slaughter Ban and Cattle Protection Laws — Court Finds No Violation of Statutory Provisions and Declines to Issue Mandamus.

The High Court of Karnataka dismissed a Public Interest Litigation (PIL) filed by the Registrar General of the High Court of Karnataka seeking directi...

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Bombay High Court Quashes FIR and Criminal Complaints in Fishing Rights Dispute — Allegations of Criminal Trespass and Assault Found to be Civil in Nature. Court holds that where dispute is essentially civil, criminal proceedings cannot be used as a weapon of harassment.

The applicants, Inderchand Zumerlal Mutha and Vijay Shankar Salve, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrP...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

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Bombay High Court Quashes Process in Drugs and Cosmetics Act Case Due to Non-Compliance with Section 18A Notice Procedure. Failure to Provide Opportunity to Explain Before Filing Complaint Renders Prosecution Invalid.

The petitioners, Parenteral Drugs (India) Ltd and others, filed writ petitions challenging the order dated 24 September 2014 passed by the Chief Judic...

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High Court of Bombay Allows Writ Petition Challenging DRT Order on Condonation of Delay in Review Application — Limitation for Review Under Section 17 of Recovery of Debts and Bankruptcy Act, 1993 Governed by Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition under Article 226 of the Constitution of India challenging an or...