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Karnataka High Court Examines Canara Bank's Unauthorised Recovery of Excess Pension from Widow's Family Pension Account. The Court Noted the Bank's Arbitrary Conduct in Withholding Pension and Debiting Funds Without Due Process, Emphasising the Need for Fairness Under Article 12 of the Constitution.

The writ petition was filed under Article 226 of the Constitution of India by Smt. Vimala Ramanath Pawar, a 73-year-old widow, seeking a direction to ...

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Writ Petition No. 3410 of 2004

The High Court of Judicature at Bombay, Aurangabad Bench, heard two writ petitions together. The petitioners, former Branch Manager and Accountant of ...

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High Court Sanctions Scheme of Amalgamation Between Transferor and Transferee Companies Despite Intervenor Objection. Non-Disclosure of Pre and Post Capital Structure in Explanatory Statement Did Not Invalidate Scheme When Shareholders Had Sufficient Information Under Section 393 of Companies Act, 1956.

The transferor company, Chemidye Manufacturing Company Pvt. Ltd., and the transferee company, Thirumalai Chemicals Ltd., both engaged in similar chemi...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...

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Bombay High Court Dismisses Petition Challenging Order to Deposit Water Charges Arrears Under Order XV-A CPC in Landlord-Tenant Dispute. Consent Terms and Lease Deed Interpretation Confirm Tenant's Liability for Water Charges Despite Claim of Lessor's Responsibility.

The petitioners, Nikhilesh Keshrichand Jhaveri and others, challenged the judgment and order dated 12 July 2021 passed by the Appellate Bench of Small...

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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified.

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plai...