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Bombay High Court Allows Writ Petition Quashing Attachment Notices Against Third-Party Purchaser for Excise Dues of Defaulter. Central Excise Cannot Attach Property Sold Prior to Creation of Dues Without Notice to Purchaser Under Section 11 of Central Excise Act, 1944.

The Petitioner, M/s Runwal Constructions, a partnership firm registered under the Indian Partnership Act, 1932, engaged in construction and developmen...

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Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

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Supreme Court Allows Repatriation of Minor Child to USA in Habeas Corpus Case, Modifies COVID-19 Conditions. The welfare of the child is paramount, and the foreign court's order is a factor; conditions requiring health certificates were impractical and set aside.

The appellant, father of a three-and-a-half-year-old child, filed a habeas corpus petition before the High Court of Karnataka seeking repatriation of ...

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High Court of Karnataka Allows Condonation of Delay in Filing Written Statement — Petitioner's Right to Defend Not to Be Defeated by Technicalities. Delay of 312 days condoned as sufficient cause shown and no prejudice caused to respondents.

The petitioner, a retired judge, was a defendant in O.S. No. 171/2014 pending before the Senior Civil Judge and CJM, Mangaluru. The suit was filed by ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Barred by Limitation and Failure to Prove Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, which affirmed ...

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Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

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Supreme Court Considers Whether Dearness Allowance is a Fundamental Right, Hears Appeals Against High Court Mandate to Pay Central Rates. High Court's declaration of Dearness Allowance under Article 21 and direction for parity with Central Government employees challenged by State.

The State of West Bengal filed appeals by special leave challenging the orders of the High Court at Calcutta dated 20th May 2022 and 22nd September 20...