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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Supreme Court Upholds Dismissal of Scientist Without Inquiry in Interest of Security of State. Dismissal under Article 311(2)(c) of Constitution and Rule 14 of CCS (CCA) Rules, 1965 Upheld as Procedural Safeguards Not Applicable Where Security of State is Involved.

The appellant, Dr. V.R. Sanal Kumar, was a Scientist/Engineer in the Vikram Sarabhai Space Centre (VSSC), a unit of the Indian Space Research Organisa...

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Supreme Court Dismisses Appeal Against Prosecution for Illegal Sand Mining Under IPC and Mines Act. Police Investigation Not Barred by Section 22 of MMDR Act as Theft Under IPC is a Distinct Offence.

The Supreme Court dismissed an appeal by Kanwar Pal Singh, a director of M/s Kanwar Enterprises Pvt. Ltd., challenging his prosecution for illegal san...

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Bombay High Court Allows Writ Petitions Challenging Seizure of Vehicles Under Maharashtra Land Revenue Code — Seizure Without Notice and Opportunity of Hearing Held Illegal. Section 53 of Maharashtra Land Revenue Code, 1966 Does Not Authorize Seizure of Vehicles; Principles of Natural Justice Violated.

The petitioners filed multiple writ petitions under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging t...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Bombay High Court Dismisses Petition Challenging Condition in Customs Circular Requiring Bank Guarantee for Accredited Importers. Condition Requiring Bank Guarantee for Differential Duty in Provisional Assessment Held Valid as Reasonable Safeguard Under Customs Act, 1962.

The petitioner, Shah Pulp & Paper Mills Limited, challenged the legality and validity of a condition contained in paragraph 7(iii) of a circular issue...

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Bombay High Court Allows Appeals Against CESTAT Predeposit Order in Central Excise Clandestine Removal Cases. Electricity Consumption Norms for M.S. Ingots Require Prima Facie Case Assessment for Waiver of Predeposit.

The Bombay High Court heard six appeals under Section 35G of the Central Excise Act, 1944, against a common order of the Customs, Excise and Service T...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...