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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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Bombay High Court Dismisses Appeal Against Encashment of Standby Letters of Credit in Commercial Dispute. Principle of Autonomy of Letters of Credit Upheld — Injunction Granted Only on Grounds of Fraud or Irreparable Injury, Not Breach of Underlying Contract.

The appellant, Drive India Enterprise Solutions Ltd., filed an appeal against the dismissal of its petition under Section 9 of the Arbitration and Con...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Sarpanch's Challenge to No Confidence Motion in Gram Panchayat Dispute. Petitioner's removal upheld as meeting complied with procedural requirements under Maharashtra Village Panchayats Act, 1958 and Rules.

The petitioner, Manoj Ghanshyamdas Banode, was the elected Sarpanch of Gram Panchayat Talegaon Dashasar. On 05.12.2016, a no confidence motion was pas...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...