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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Writ Petitions Challenging Caste Validity Cancellation by Scrutiny Committee. Petitioners failed to prove tribal origin and continuous residence in scheduled area, leading to cancellation of caste certificates.

The judgment pertains to two writ petitions filed by 70 individuals challenging the orders of the Caste Scrutiny Committee, which cancelled their cast...

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High Court Dismisses Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Arbitrator's Awards in Charterparty Dispute. Court Confirms That Arbitrator's Findings on Breach of Contract and Damages Are Not Open to Reappraisal Under Section 34.

The Petitioner, Rashtriya Chemicals & Fertilizers Ltd. (RCF), a public sector company, entered into an Agreement of Affreightment with the Respondent,...

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Bombay High Court Upholds Compulsory Retirement of Employee for Habitual Absence — Labour Court and Industrial Court Findings Not Perverse. Disciplinary Authority's Decision Based on Evidence of Misconduct Under Maharashtra Civil Services (Discipline & Appeal) Rules, 1979.

The petitioner, Arjun Kashinath Badade, was employed as a Chowkidar with the Water and Land Management Institute (WALMI) since 1984 and was granted pe...

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High Court of Karnataka Allows State's Petition to Quash Trial Court Order Dismissing Police Application Under Section 10 of KCOCA. Court Holds That Sanction Under Section 10 Is Not Required for Investigation, Only for Prosecution.

The State of Karnataka, through the Mangaluru East (Kadri) Police Station, filed three criminal petitions under Section 482 of the Code of Criminal Pr...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...