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Bombay High Court Quashes Industrial Court Order for Lack of Reasons in Labour Dispute — Revisional Court Must Give Reasons Even on Preliminary Issues. The Industrial Court's rejection of revision without reasons was held unsustainable; matter remanded for fresh reasoned order.

The Petitioner, Haffkine BioPharmaceuticals Corporation Ltd., a State Government Undertaking, challenged the order dated 7 July 2012 passed by the Ind...

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Bombay High Court Directs Police to Register FIR in Cognizable Offence Complaint - Mandatory Duty Under Section 154 CrPC. Police Cannot Refuse Registration of FIR When Complaint Discloses Cognizable Offence; Preliminary Inquiry Only in Exceptional Cases Limited to Two Days.

The petitioner, Smt. Vijaya Vasant Nikam, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, complaini...

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Bombay High Court Dismisses Application for Perjury Proceedings in Civil Suit Dispute. Alleged False Affidavit and Fabricated Documents Not Material to Main Issue, No Prima Facie Case Under Section 340 CrPC.

The present civil application was filed by CTR Manufacturing Industries Limited (the applicant) in a disposed of appeal from order arising out of Spec...

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Bombay High Court Allows Writ Petitions Against Levy of Excise Duty on Fabrication and Construction of Structurals - Activities Do Not Amount to Manufacture Under Section 2(f) of Central Excise Act, 1944. Fabrication at site results in immovable property, not excisable goods.

The judgment concerns two writ petitions under Article 226 of the Constitution of India filed by M/s Shapoorji Pallonji & Co. and Ceat Tyres of India ...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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High Court Dismisses Writ Appeal Against Single Judge Order in Arbitration Matter — Alternative Remedy Under Section 34 of Arbitration Act Available. Writ Petition Challenging District Judge's Order in Section 34 Proceedings Held Not Maintainable Due to Statutory Remedy.

The appellant, Sri V. Vinod D. Kamath, filed a writ appeal against the order of a learned Single Judge of the High Court of Karnataka at Bengaluru, wh...

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High Court of Karnataka Dismisses Petitions Challenging Land Acquisition Notifications Under KIAD Act — Section 24 of RFCTLARR Act, 2013 Not Applicable. Land Acquisition for Industrial Development Under KIAD Act, 1966 Held Not Governed by the 2013 Act, and Notifications Do Not Lapse.

The petitioners, landowners in Belagola village, Srirangapattana taluk, Mandya district, challenged the preliminary notification dated 15.09.2000 issu...

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Supreme Court Upholds Jurisdiction of Civil Court to Determine Fair Rent in Government Lease Renewal Dispute. Lease Renewal Clause Requiring 'Fair and Equitable' Enhancement by Lessor Held Unenforceable Without Judicial Review of Fairness.

In 1909, the Government of Bombay leased plots of land to the appellants for residential purposes on payment of a premium and an annual rent of Rs. 3-...