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High Court of Karnataka Allows Election Petition Challenging Disqualification Under Section 12(h) of Karnataka Gram Swaraj and Panchayat Raj Act, 1993 — Petitioner's Interest in Panchayat Work Not Proved

The petitioner, Sri B T Kumar, filed an election petition under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 challenging the election of resp...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Bombay High Court Dismisses Revision in Ejectment Suit for Lack of Title Proof and Non-Joinder of Necessary Parties. Trustees failed to establish devolution of leasehold interest and maintainability of suit under Section 41 of Presidency Small Cause Courts Act, 1882.

The applicants, claiming to be trustees under a Deed of Wakf dated 22 December 1942, filed a suit for ejectment against the respondents in the Court o...

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Bombay High Court Dismisses PIL Challenging Toll Road Tender and Concession Period. Policy decisions regarding toll collection and concession periods are not subject to judicial review unless arbitrary or mala fide.

The petitioner, Nandu Sambaji Nagarkar, a social worker, filed a Public Interest Litigation before the Bombay High Court, Nagpur Bench, challenging th...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Challenging Transfer Order in Service Matter — Transfer Upheld as Administrative Necessity. Short Tenure and Alleged Malafides Not Sufficient to Interfere with Transfer Order Issued in Public Interest.

The petitioner, an Executive Engineer in the Public Works Department of Maharashtra, challenged his transfer order dated 31.5.2011 from Jalna to Yeotm...

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Bombay High Court Dismisses Petition Challenging Modvat Credit Lapse Provisions in Finance Act, 1999. Retrospective Validation of Rules Causing Lapse of Accumulated Credit Upheld as Within Legislative Competence and Not Violative of Fundamental Rights.

The petitioner, Coral Cosmetics Limited, a company incorporated under the Companies Act, 1956 and registered as a Small Scale Industry, was engaged in...