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High Court of Karnataka Hears Appeal Against Trial Court's Damages Award in Illegal Termination Suit; Cross-Objection for Higher Damages Also Considered. Judgment Under Section 96 CPC and Order XLI Rule 1 is Delivered After Remand for Quantification.

This case involved the challenge to the termination of a managerial employee in a private limited company. H.R. Thimmappa Gowda joined Goetze (India) ...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Quashes Consent Certificate in Trade Union Dispute Due to Lack of Enquiry Under Section 28(1-A) of Trade Unions Act, 1926. Registrar's Failure to Conduct Proper Enquiry Before Issuing Corrected Consent Certificate Violates Statutory Mandate.

The petitioners, Koyla Shramik Sabha (a registered trade union) and its President Umashankar Gupteshwar Prasad Singh, challenged the consent certifica...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Possession and Title. Court holds that admission of storage of rubble by defendants does not negate plaintiffs' possession of eastern side of suit property.

The second appeal was filed by original defendant nos. 1 and 2 challenging concurrent judgments and decrees granting declaration of title and injuncti...

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High Court of Karnataka Quashes FIR Against Company and Directors in Prevention of Corruption Act Case Due to Lack of CBI Jurisdiction. Registration of FIR Without Involvement of Public Servant and Based on RBI Master Circular Held Without Authority, and Section 120B IPC Cannot Apply Standalone.

The case involved Associate Lumbers Private Limited and its directors, who had availed loan facilities from Corporation Bank (later Union Bank of Indi...