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Bombay High Court Dismisses Petition Challenging Arrest in Hoarding Collapse Case — Arrest Held Valid Under Section 41 CrPC. Court finds no violation of D.K. Basu guidelines as grounds of arrest were communicated in writing and arrest memo was served.

The case arises from a catastrophic incident on 13/05/2024 when a large hoarding (64x50 meters, 120 ft high) collapsed on a petrol pump in Mumbai duri...

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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Bombay High Court Allows Drug Manufacturers in Challenge to Suspension of Licenses for Alleged Spurious Drugs. Suspension order set aside for violation of natural justice as no show-cause notice was issued before suspension under the Drugs and Cosmetics Act, 1940.

The petitioners, National Pharmaceuticals and AVEO Pharmaceuticals Pvt Ltd, are drug manufacturing companies holding licenses to manufacture drugs at ...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Bombay High Court Dismisses MMRDA's Challenge to Arbitral Award in Powai Land Development Dispute. Court upholds arbitrator's interpretation of tripartite agreement regarding lease premium and development charges under the Arbitration and Conciliation Act, 1996.

The case involves an arbitration petition filed by Mumbai Metropolitan Region Development Authority (MMRDA) and the State of Maharashtra under Section...

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Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...