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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Disposes of Appeals by Common Judgment in Multiple Arbitration Petitions Challenging Arbitral Awards on LPG Cylinder Pricing; Arbitral Awards Rejecting Suppliers' Claims Had Been Upheld by Single Judge; High Court Considers Scope of Interference Under Section 34 of Arbitration Act.

The matter involved multiple appeals filed by various LPG cylinder manufacturers against Bharat Petroleum Company Limited (BPCL), a Government of Indi...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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High Court of Judicature at Bombay Dismisses Challenge to Issuance of Process Under Section 138 of Negotiable Instruments Act. Court Holds That Once Plea is Recorded and Evidence Commences, High Court Should Not Ordinarily Interfere Under Inherent Jurisdiction Under Section 482 CrPC.

The present criminal writ petition was filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, b...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice.

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne ...