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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Supreme Court Dismisses Appeals of Three Establishments Denied Exemption Under Employees' Provident Funds Act. Functional Integrality and Common Ownership with Parent Company Preclude Claim of New Establishment Status Under Section 16(1)(d).

The Supreme Court dismissed three civil appeals filed by M/s. Shree Vishal Printers Ltd., Jaipur (SVPL), M/s. Times Publishing House Ltd., Jaipur (TPH...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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High Court of Karnataka Quashes No Objection Certificate for Petroleum Unit Due to Non-Compliance with Distance Norms and Lack of Consent from Landowners. Deputy Commissioner's Order Set Aside for Violating Petroleum Rules and Principles of Natural Justice.

The petitioners, Smt. N. Padmavathamma and Thippeswamy T., filed two writ petitions under Articles 226 and 227 of the Constitution of India challengin...

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Bombay High Court Allows Enhancement of Compensation for Agricultural Land Acquired for Konkan Railway Project. Tenant's restricted rights under Agricultural Tenancy Act do not preclude consideration of potential for development for compensation purposes.

The appellant, Damaian C. Menezes, was a tenant of a khazan paddy field admeasuring 2550 square meters in Survey No.190/3, Malar Village, Goa. The Gov...