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High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Considers Service Protection Claims in Caste Invalidation Cases After Supreme Court Overrules Full Bench Decision. Supreme Court in FCI v. Jagdish Balaram Bahira Overrules Arun Sonone, Potentially Denying Protection to Petitioners Whose Scheduled Tribe Certificates Were Invalidated.

The judgment arose from a batch of writ petitions filed before the Bombay High Court, Nagpur Bench, wherein petitioners sought protection in service a...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court Frames Charges Against Accused for Filing Frivolous Litigations; Supreme Court Dispenses with Trial in Contempt Case. Forum Shopping and Abuse of Process Held to Amount to Criminal Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

The criminal contempt petition was filed by Hasham Investment and Trading Company Private Limited, Wipro Limited, and Azim Hasham Premji (complainants...

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High Court of Karnataka Pronounces Judgment in Writ Appeal Concerning Bangalore Development Authority Road Access Dispute. Appeal Challenges Single Judge's Dismissal of Writ Petition Seeking Implementation of BDA Resolution After Lokayuktha and Supreme Court Directions.

This writ appeal was filed before the Division Bench of the High Court of Karnataka under Section 4 of the Karnataka High Court Act, 1961, challenging...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

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Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

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High Court considers challenge to Indian Nursing Council's authority to recognise nursing institutions under Indian Nursing Council Act, 1947. Petitions filed questioning INC's power to publish list of recognised institutions and state reliance on INC approval for scholarships and admissions.

The matter involved two writ petitions filed before the Aurangabad Bench of the Bombay High Court. The first petition, Writ Petition No. 11260 of 2017...