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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Bombay High Court Division Bench Hears Challenge to MPSC Procedural Rule on Wait-List in Judicial Service Recruitment. Maharashtra Judicial Service Rules, 2008 Rule 6(3)(b) and Article 234 of the Constitution Examined.

The Bombay High Court Division Bench heard a batch of writ petitions filed by candidates who had applied for the post of Civil Judge Junior Division a...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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High Court of Karnataka Hears Appeal on Maintainability of Writ Petition Against Bar Association. Court Examines Whether Bar Association is Amenable to Writ Jurisdiction Under Article 226 in Dispute Over Co-Option of President.

The appeal arose from the dismissal of a writ petition by a Single Judge of the High Court of Karnataka on the ground of maintainability. The writ pet...

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Bombay High Court heard challenge to deemed conveyance order under MOFA; developer alleged res judicata due to consent decree. Developer contended that Competent Authority lacked jurisdiction under Section 11(3) when consent decree already provided for conveyance.

The writ petition was filed by developers challenging an order of deemed conveyance passed by the Competent Authority under Section 11(3) of the Mahar...

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Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...