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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...

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High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

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High Court of Karnataka Dismisses Appeal of Educational Trust Seeking Recognition for Upper Primary Classes. Trust failed to comply with mandatory requirements under Rule 3 of Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999.

The appellants, Basava Jyothi Education and Charitable Trust and Basaveshwar Kannada Convent School, filed writ appeals against an order dated 06.02.2...

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High Court of Karnataka Dismisses Appeal of Educational Trust Seeking Recognition for Upper Primary Classes. Rule 3 of Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 Mandates Compliance with All Conditions Including Land Use Certificate.

The appellants, Basava Jyothi Education and Charitable Trust and Basaveshwar Kannada Convent School, filed writ appeals against the order dated 06.02....

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Plaintiff Prefers First Appeal Against Trial Court’s Partial Decree in Specific Performance Suit. Trial Court Had Denied Specific Performance Due to Public Policy and Fabricated Receipts, Granting Only Refund of Admitted Advance.

The dispute originated from a suit for specific performance of two sale agreements dated January 6, 2003, concerning 8 acres of land in Salem District...