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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Bombay High Court Reserves Judgment in Section 34 Petition Challenging Arbitral Award Alleging Res Judicata and Patent Illegality; Decision on Coercion and Interest Awaited.

The petition challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, a multi-state co-operative b...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Bombay High Court Allows Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...

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Supreme Court Modifies Conviction from Section 364A IPC to Section 363 IPC in Kidnapping for Ransom Case Due to Insufficient Proof of Threat to Cause Death or Grievous Hurt. Long Incarceration Considered as Mitigating Factor for Sentence Reduction.

The case pertains to the kidnapping of a 14-year-old boy, Harsh Sobti (PW-21), son of Dr. H.K. Sobti (PW-20), on 15.02.2000. The appellants were convi...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Supreme Court Allows State Appeal on FIR Registration in Cheating Case -- Reverses Delhi High Court Judgment Mandating Separate FIRs for Each Investor Complaint -- Police Have Discretion to Investigate Multiple Complaints Under Single FIR in Criminal Conspiracy Cases

The Supreme Court allowed the State's appeal against Delhi High Court judgment that answered reference questions regarding FIR registration in cheatin...

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High Court of Bombay Adjudicates Petitions Under Section 37 of Arbitration Act Against Interim Deposit Order. The Arbitral Tribunal Had Directed Joint and Several Deposit of Rs.190 Crores and Restraint on Property Alienation.

The dispute arose from a Share Holders Agreement (SHA) dated 27 December 2012 and subsequent amendments between the Claimants (investors) and the Resp...