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Madras High Court Quashes Bar Council's Suspension Order Against Advocate in Criminal Case — Suspension Without Disciplinary Proceedings Violates Natural Justice. Bar Council Cannot Suspend Practice Pending Criminal Trial Without Following Section 35 of Advocates Act, 1961.

The petitioner, an advocate enrolled with the Bar Council of Tamil Nadu and Puducherry since 2009, challenged the Bar Council's resolution dated 05.07...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Waqf Property Dispute. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The case involves a Civil Revision Application filed by Aurangabad Smart City Development Corporation Limited and the Municipal Corporation, Aurangaba...

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Bombay High Court Allows Appeal Against Remand Order in Property Dispute — Trial Court Directed to Decide Suit on Merits Without Remand. Lower Appellate Court's Remand Order Set Aside as Unwarranted Under Order 41 Rule 23 CPC.

The respondent filed a suit for prohibitory and mandatory injunction claiming ownership of a plot bearing No.10 situated at Khasra No.195/9, T.S.K. No...

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High Court of Karnataka Dismisses Writ Appeal and Petition Challenging KIADB Land Allotment — No Pre-existing Right of Appellant Established. Allotment to Third Party Upheld as Valid Under KIAD Act, 1966.

The appellant, Garden City Fashions Pvt Ltd, filed a writ appeal and a writ petition challenging the allotment of land by the Karnataka Industrial Are...

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Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...

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Bombay High Court Allows CHA License Suspension Challenge, Directs Hearing Within Two Weeks. Regulation 21 of Customs House Agent Licensing Regulations, 2004 must be read with natural justice; post-decisional hearing sufficient where immediate action warranted.

The petitioner, S.R.Sale & Co., a Customs House Agent (CHA), challenged an order dated 12 September 2012 passed by the Commissioner of Customs (Genera...

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Bombay High Court Quashes Cess Demand Against Small Scale Unit in MIDC Area for Lack of Jurisdiction. NMMC Cannot Levy Cess on Industrial Premises Outside Its Municipal Limits Under Section 127 of the Bombay Provincial Municipal Corporations Act, 1949.

The petitioners, M/s Sargam Foods Pvt. Ltd. and its director, challenged the order dated 29th November 2007 passed by the Cess Officer of the Navi Mum...