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WRIT PETITION NO. 432 OF 2024

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for partition and separate possession of ancestral property dismissed as plaintiff failed to prove joint family property and possession.

The appellant, Nitin Keshavlal Shah, filed a second appeal against the judgment and order dated 31/07/2023 passed by the learned District Judge-1, Lat...

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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11 CPC Set Aside. Court Held That Plaint Discloses a Cause of Action and Cannot Be Rejected at Threshold When Triable Issues Exist.

The petitioners (plaintiffs) filed a suit for declaration and injunction in O.S. No. 4909/2018 before the II Additional City Civil and Sessions Judge,...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...