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High Court of Karnataka Allows Revision Petition in NI Act Case — Remand Order Set Aside Due to Lack of Jurisdiction in Appellate Court. Appellate Court Exceeded Its Powers Under Section 397(1) Cr.P.C. by Remanding the Case for De Novo Trial Without Finding Any Infirmity in the Trial Court's Judgment.

The case involves a criminal revision petition filed by the petitioners (M/S. A. Seating, a partnership firm, and its partners) against the judgment o...

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High Court of Karnataka Adjudicates Criminal Revision Petitions Challenging Rejection of Default Bail and Cognizance in NDPS Case. Court’s Analysis Focuses on Maintainability Under Section 397 CrPC and Application of Precedents.

The judgment of the High Court of Karnataka arises from two criminal revision petitions filed by the accused No.3, challenging the orders of the Speci...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Commercial Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996. Clause 32 of Work Order Held to Contain Valid Arbitration Agreement Despite Ambiguous Wording.

The applicant, M/s. Jay Bhagwati Construction Co., a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

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High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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Bombay High Court Upholds CAT Order Reinstating Suspended Police Officer Due to Non-Review Under Rule 3(8) of All India Services (Discipline and Appeal) Rules, 1969. Continued suspension beyond 90 days without mandatory review renders suspension illegal and without authority of law.

The State of Maharashtra and the Director General of Police filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging ...

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High Court of Bombay at Goa Allows Appeal in Land Acquisition Case — Market Value Enhanced to Rs.66 per Square Metre for Konkan Railway Project. Comparable Sale Deeds of Nearby Land at Rs.64 and Rs.66 per Square Metre Form Basis for Valuation Under Section 23 of Land Acquisition Act, 1894.

The case arises from the acquisition of 23,900 square metres of land belonging to the appellant, Smt. Shrimati Vishwanath Acharya (since deceased, rep...

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Bombay High Court Allows Revision Application in Civil Procedure Matter — Section 9A CPC Repealed. Preliminary Issue on Jurisdiction Cannot Be Decided Under Repealed Provision; Trial Court Directed to Decide Jurisdiction Along with Other Issues.

The case involves a Civil Revision Application filed by Madhuri Prabhakar Patole against Aruna Satishchandra Gaikwad, challenging an order of the Civi...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...