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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Member Under Bombay Village Panchayats Act, 1958. Challenge Raises Issue of Jurisdiction to Entertain Disqualification Complaint After Elections Without Filing Election Petition Under Section 15.

The writ petition arose from proceedings under the Bombay Village Panchayats Act, 1958. The petitioner was elected from Ward No.4 of Gram Panchayat Kh...

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Bombay High Court Dismisses Accused's Petition to Quash FIR Under SC/ST Act and Refusal of Discharge. The Court held that mere allegations of malafide and prior enmity do not justify quashing the FIR without trial, applying the stringent test from Bhajanlal's case.

The petitioner, a builder, faced criminal prosecution under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities...

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Bombay High Court Dismisses Maintainability Objections Against State’s Criminal Revision Application in Double Jeopardy Case. Second Revision by State Against Discharge of Accused on Double Jeopardy Ground Held Not Barred by Section 397(3) CrPC.

The petitioner, State through Police Inspector, CID Crime Branch, filed a criminal revision application before the Bombay High Court at Goa against an...

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High Court of Karnataka Quashes Order Relieving Guest Lecturer for Violation of Natural Justice and Free Speech. Termination Based on Newspaper Statement Critical of Public Officials Held Not Misconduct, Violative of Article 19(1)(a) of Constitution of India.

Background: Dr. Manjunath R, a Guest Lecturer in the Department of Journalism and Mass Communication at Bengaluru North University, Kolar, challenged ...

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Supreme Court Allows Appeal in Land Title Dispute — Consolidation Authority's Order Final and Binding on Civil Court. Section 37 of Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 bars civil suit to challenge consolidation order.

The plaintiff-appellant filed a suit for possession and confirmation of title over 0.32 decimal of land in village Kishanpur, Sitamarhi, Bihar. The la...

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Bombay High Court Quashes FIR Against Ex-Chief Minister and MLA in Prison Assault Case Due to Bar Under Prisons Act, 1894. Alleged Offences Committed Inside Notified Temporary Prison Must Be Dealt With Under Special Statute, Not General Criminal Law.

The Bombay High Court allowed two applications under Section 482 of the Code of Criminal Procedure, 1973 filed by accused No. 1 (an ex-Chief Minister)...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...