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Supreme Court Allows Complainant's Appeal in Criminal Quashing Case — High Court Erred in Quashing Criminal Proceedings Under Section 482 CrPC Without Considering Prima Facie Case. Allegations of Forgery and Cheating in Sale Deed Execution Require Trial, Not Quashing at Threshold.

The appellant-complainant lodged a private complaint against the private respondents alleging offences under Sections 120B, 201, 419, 471, 468 and 420...

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Karnataka High Court Hears Batch of Writ Petitions Challenging Central Excise Notification on Tobacco Products. Challenge to Notification No.3/2019 under Central Excise Act, 1944 Alleged Violation of Constitutional and Statutory Provisions.

A batch of writ petitions was filed by several manufacturers of tobacco and tobacco products under Articles 226 and 227 of the Constitution of India b...

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Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Trust Office Bearers. Scheme of Administration Does Not Prohibit No-Confidence Motion; Resolution Valid Under Maharashtra Public Trusts Act, 1950.

The petitioners, Lakhichand Marotrao Dhoble and Kisangopal Chunnilalji Gandhi, were the Chairman and Treasurer respectively of a public trust named Sh...

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Karnataka High Court Dismisses Writ Petition Challenging Election of Director in Co-operative Society Due to Lack of Locus Standi. Non-Member of Society Cannot Challenge Election Under Karnataka Co-operative Societies Act, 1959.

The petitioner, Ms. Roopa M, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.04.2023 passe...

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Supreme Court Considers Scope of Section 45 of Arbitration and Conciliation Act in International Commercial Disputes. Multiple Issues Framed on Reference to Arbitration in Multi-Party Joint Venture Agreements.

The dispute arose from a series of joint venture and ancillary agreements executed between Indian company Chloro Controls (I) P. Ltd. and foreign coll...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...