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High Court of Karnataka Allows Petition Challenging Small Causes Court Jurisdiction in Eviction Suit Where Tenant Denies Landlord-Tenant Relationship. Denial of Jural Relationship Ousts Jurisdiction of Small Causes Court Under Section 8(1) of Karnataka Small Causes Courts Act, 1964.

The petitioner, Sri Pankaj L Kothari, was the sole defendant in a small causes case (S.C.1845/12) filed by the respondent, Sri T.K. Nagaraj, seeking e...

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Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

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Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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High Court of Karnataka Dismisses Winding-Up Petition Against Kingfisher Airlines Ltd. for Lack of Service of Statutory Notice. Petition under Sections 433(e) and (f) of the Companies Act, 1956 fails as petitioner Aerotron Limited did not prove service of demand notice under Section 434.

The petitioner, Aerotron Limited, a company incorporated under the laws of England and Wales, filed a winding-up petition under Sections 433(e) and (f...

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Bombay High Court Considers Challenge to Maharashtra Excise Notifications Discriminating Against Imported Wines. Petitioner contends that the impugned notifications violate GATT national treatment principle and constitutional rights under Articles 14, 19(1)(g) and 253.

The writ petition before the Bombay High Court involved a challenge by an importer of foreign wines, holding an FL-I licence, to several notifications...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest from expiry of three months from date of refund application till actual refund.

The petitioner, Qualcomm India Private Limited, a company incorporated under the Companies Act, 1956, is engaged in providing support services to its ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...