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High Court of Karnataka Allows Withdrawal of Suit with Liberty to File Fresh Suit in Property Dispute Due to Misdescription of Property. Error in Describing Sites Constitutes a Formal Defect Under Order XXIII Rule 1 CPC.

The petitioner, Satish Daniel, was the plaintiff in O.S. No.71/2017 before the Addl. Senior Civil Judge, Raichur, seeking declaration of ownership and...

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High Court of Karnataka Dismisses Appeal as Withdrawn in Permanent Injunction Suit Following Settlement. Appeal under Section 96 CPC withdrawn after parties settled out of court.

The appellant, Sri S. Babu, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the...

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High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

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Gujarat High Court Quashes Retrospective Withdrawal of Export Incentive Scheme. Retrospective Cancellation of Transport and Marketing Assistance Scheme Violates Legitimate Expectation and Promissory Estoppel, Unreasonable Classification Under Article 14.

The petitioners, exporters of agricultural products, were beneficiaries of the Transport and Marketing Assistance (TMA) Scheme introduced by the Minis...

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Allows Revenue to Withdraw Customs Appeals Based on CBEC Monetary Threshold Instructions. Court permits withdrawal of appeals and review of Tribunal orders under Section 35R of Central Excise Act, 1944 and Section 131BA of Customs Act, 1962.

The Commissioner of Customs and Central Excise, Goa, filed nine Customs Appeals under Section 130 of the Customs Act, 1962, against orders of the Cust...

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Bombay High Court Dismisses Petitions Challenging Deletion of Cervical Spondylosis from Special Class Teacher List in Transfer Policy. State's withdrawal of disease from special category held to be within policy domain and not arbitrary or discriminatory.

The petitioners, assistant primary teachers of Zilla Parishad, Ahmednagar, suffering from Cervical Spondylosis (Mankyacha Ajar), filed writ petitions ...