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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law.

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for R...

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Bombay High Court Allows Transfer of Section 34 Applications Under Arbitration Act from District Court to High Court for Consolidated Hearing. Transfer Ordered Under Section 24 CPC to Avoid Multiplicity of Proceedings and Conflicting Decisions in Arbitration Matters.

The applicant, Atlanta Limited, a public limited company, filed this application under Section 24 of the Code of Civil Procedure, 1908 seeking transfe...

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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...

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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

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High Court of Bombay Dismisses Appeals Against Acquittal in Sohrabuddin Fake Encounter Case Due to Lack of Evidence and Hostile Witnesses. Acquittal Upheld as Prosecution Failed to Establish Police-Politician Conspiracy and Connection to Seized Firearms Under Sections 120B, 302 IPC and Section 378 CrPC.

The appeals arose from the judgment of acquittal dated 21 December 2018 by the Additional Sessions Judge, Mumbai, in Sessions Case Nos. 177 of 2013, 1...

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High Court of Judicature at Bombay Adjudicates Batch of Writ Petitions Filed by Retired Teachers and Staff of Private Aided Schools Against Municipal Corporation and School Managements. The Court Examined Claims for Post-Retirement Benefits Including Pension and Gratuity Under Applicable Service Rules.

The High Court of Judicature at Bombay heard a group of writ petitions filed under Article 226 of the Constitution of India. The petitioners were form...