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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency. Allegations of Corrupt Practice Under Section 123(1) of Representation of the People Act, 1951 Fail as Petitioner Fails to Prove Bribery or Undue Influence.

The Petitioner, Vinod Ramchandra Ghosalkar, was the Shiv Sena candidate for the Dahisar Assembly Constituency in the 2014 Maharashtra Legislative Asse...

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Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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High Court of Karnataka Quashes Rejection of Mining Lease Renewal Application Due to Non-Compliance with Natural Justice. Failure to Provide Personal Hearing and Consider Petitioner's Explanation Violates Principles of Natural Justice Under Rule 22(5) of the Karnataka Minor Mineral Concession Rules, 1994.

The petitioner, M/s. Annapurneshwari Minerals, a partnership firm engaged in mining, filed a writ petition under Articles 226 and 227 of the Constitut...

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Bombay High Court Allows Petition in Central Excise Duty Demand Case Due to Absence of Adjudication Order and Show Cause Notice. Demand and Collection of Duty Without Adjudication Order and Show Cause Notice Under Central Excise Act, 1944 Cannot Be Sustained.

The petitioners, National Organic Chemical Industries Ltd. and Mr. N.C. Majumdar, manufacture PVC compounds and PVC Master Batches. Prior to May 1979,...

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Bombay High Court Partially Allows Appeal Against Demolition Notice Under Section 351 of MMC Act, 1888 — Terrace Room Protected But Three Sheds Not Entitled to Injunction. The court held that balance of convenience and prima facie case did not favour protecting the three sheds from demolition.

The appellant, Abhinandan Commercial Centre Pvt. Ltd., filed an appeal against an order of the City Civil Court dated 13th January 2005, which partly ...

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Bombay High Court Quashes Lease Rent Demand Against Indian Oil Corporation for Lack of Jurisdiction and Limitation. Collector's demand for arrears of lease rent for periods prior to 1995 set aside as time-barred and without authority under Maharashtra Land Revenue Code, 1966.

The petitioner, Indian Oil Corporation Limited, challenged a communication dated 14 March 2002 from the Collector, Mumbai Suburban District, demanding...