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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...

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High Court of Karnataka Dismisses Writ Petition Challenging Termination Clause in Employment Contract. Clause 12(c)(ii) allowing termination without cause held not unconscionable or contrary to public policy under Section 23 of Indian Contract Act, 1872.

The petitioner, Ms. Jayshree Gururaj, was appointed as Senior Director (Advanced Services) in Cisco Systems (India) Private Limited on 15 May 2012. He...

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High Court of Karnataka Quashes Criminal Proceedings Against Drug Manufacturer in NSQ Case Due to Prejudicial Delay in Testing. Delay of 20 Months in Analysis of Drug Sample Violated Right to Challenge Government Analyst's Report Under Section 25(3) of Drugs and Cosmetics Act, 1940.

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973, was filed by M/s Zim Laboratories Ltd. and its officers (the manufact...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award.

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly ...

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Karnataka High Court Dismisses Writ Petition Seeking Declaration of Withdrawal from Land Acquisition for Gavipuram Extension Layout. Court Holds That Section 48(1) Notification Not Gazetted Is Ineffective and Acquisition Completed in 1987 Bars Withdrawal.

The petitioners, legal representatives of original grantees of 2 acres and 20 guntas of land in Sy. No. 26 of Nagadevanahalli Village, Bangalore, soug...

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Bombay High Court Quashes Reassessment Order for Violation of Mandatory Procedure Under Section 144B of Income Tax Act, 1961. Failure to Provide Personal Hearing and Proper Opportunity to Respond Renders Assessment Order a Nullity.

The petitioner, Madhuri Sameer Gokhale, an individual homemaker, challenged the reassessment order dated 29 March 2022 passed by the National Faceless...

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WRIT PETITION NO.3013 OF 2018

The writ petition was filed under Article 226 of the Constitution by a co-operative housing society, a developer, and its director challenging a stop ...

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High Court of Karnataka Allows Legal Representatives to Continue Appeal Under Section 166(5) of Motor Vehicles Act, 1988 - Section 166(5) Held Retrospective, Applies to Pending Appeals Where Claimant Died Before Amendment.

The case involves two appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 07.03.2011 in MVC Nos.19...