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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Bombay High Court Allows Petition for Pension Benefits Including 50% of Part-Time Service for Teacher. Half of Part-Time Shikshan Sevak and Teacher Service Counted Towards Qualifying Service Under Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Babaso Ganpatil Awate, a Scheduled Caste teacher, was appointed as a Part Time Shikshan Sevak on 18 July 2002 in an aided post at Resp...

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Bombay High Court Allows Writ Petitions for Pensionary Benefits to Shikshan Sevaks under Maharashtra Zilla Parishad Primary Schools (Conduct of Service) Rules, 2014. Held that service as Shikshan Sevak counts towards qualifying service for pension.

The judgment concerns three writ petitions filed by Shikshan Sevaks (teachers) employed in Zilla Parishad schools in Maharashtra. The petitioners, Vij...

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Bombay High Court Disposes of Writ Petition on Octroi Duty Classification of Rubber Goods. Court Directs Development Commissioner's Opinion on Commercial Identity and Trade Usage of Imported Items Under Maharashtra Municipality Octroi Rules.

The writ petition was filed by Ceat Tyres of India Ltd., a tyre manufacturer, challenging octroi duty demand notices issued by the Nashik Municipal Co...

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Supreme Court Allows Union of India's Appeals in National Highways Act Land Acquisition Cases — Section 3J Not Violative of Article 14. The Court held that the non-grant of solatium and interest under the National Highways Act, 1956 is not discriminatory and the Act is a complete code.

The Supreme Court, in a batch of appeals filed by the Union of India, considered the validity of the non-grant of solatium and interest under the Nati...