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High Court of Karnataka Dismisses Writ Petition of Revenue Inspector Challenging Transfer Order — Transfer Upheld as Administrative Decision Without Mala Fides. Transfer is an incident of service and courts should not interfere unless statutory rules violated or mala fides established.

The petitioner, Mohammad Rafi Sab Nadaf, was working as a Revenue Inspector in the Office of the Tahsildar, Mundargi, from 15.09.2015. He was transfer...

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Bombay High Court Allows Interim Application for Appointment of Court Receiver in Property Dispute Over Extra FSI Entitlement. Dispute concerns interpretation of Deed of Conveyance dated 27.09.1994 regarding additional area rights.

The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registere...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Managing Director's Authority to File Complaint Upheld. Resolution Authorizing Managing Director to 'Depose and Conduct Proceedings' Held Sufficient to File Complaint Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, M/s. Sri Balaji Agencies Pvt. Ltd., filed a criminal appeal against the judgment of the Sessions Judge, Panaji, dated 26-9-2008, which ...

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Supreme Court Dismisses State Appeal and Upholds Striking Down of State Government’s Power to Extend Section 144 Orders Beyond Two Months. Extension of Magisterial Orders by Executive Fiat Without Judicial Review Held Violative of Article 19(1)(b),(c),(d) and Not Saved by Reasonable Restrictions.

The dispute involved a constitutional challenge to the second part of section 144(6) of the Code of Criminal Procedure, 1898, which permitted the Stat...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Quashes Suspension and Departmental Inquiry Against Municipal Employee for Lack of Jurisdiction. Suspension Order Passed by Municipal Commissioner Instead of General Body Held Invalid Under Section 57 of Maharashtra Municipal Corporations Act, 1949.

The petitioner, Mr. Sanjay G. Gharat, an employee of the Kalyan Dombivali Municipal Corporation (KDMC), challenged the suspension order dated 18th Jun...