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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated.

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

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Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Developer Granted Interim Relief to Take Possession of Tenements from Non-Cooperating Members Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The Petitioner, M/s. R.R.B. Realtors Pvt. Ltd., a real estate developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 199...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Murder Case — Acquittal Upheld Due to Lack of Credible Evidence. Prosecution Failed to Prove Offences Under Sections 307, 324, 326, 504, 506 r/w 34 IPC Beyond Reasonable Doubt.

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the judgment of acquittal dat...