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Supreme Court Allows Appeals Against High Court Orders Interdicting Statutory Deemed Termination Under Section 5B of Mumbai Municipal Corporation Act. High Court Cannot Suspend Legal Fiction of Retrospective Termination for Failure to Submit Caste Validity Certificate Within Prescribed Period.

The Supreme Court considered two appeals arising from a common judgment of the Bombay High Court dated 02.04.2019, which had allowed writ petitions fi...

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High Court of Karnataka Delivers Judgment on Batch of Writ Petitions Concerning Input Tax Credit Under KVAT Act. Interpretation of Section 10(3) of the Karnataka Value Added Tax Act, 2003 and Availment of Input Tax Credit Irrespective of Invoice Month Framed the Core Issue.

A batch of writ petitions came before the High Court of Karnataka under Article 226 of the Constitution of India, filed by various companies including...

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Bombay High Court Hears Appeal Challenging Rejection of Discharge in MCOCA Case. Appeal Raises Issues on Requirement of Pecuniary Benefit and Validity of Approval and Sanction under MCOCA, 1999.

The matter arises from Criminal Appeal No. 930 of 2009 filed before the Bombay High Court under Section 12 of the Maharashtra Control of Organized Cri...

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Bombay High Court Full Bench Examines Whether Small Cause Court is Subordinate to High Court on Original Side Under Section 41(b) of Specific Relief Act. Reference Arises from Appeals Against Rejection of Injunctions to Restrain Proceedings Under Maharashtra Rent Control Act in Small Causes Court.

The Bombay High Court constituted a Full Bench to answer a reference on the question of law: whether a Small Cause Court under the Presidency Small Ca...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

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Bombay High Court Quashes Proceedings in Complaint Under Section 156(3) Cr.P.C. Due to Inordinate Delay and Non-Compliance with Mandatory Requirements. Magistrate's Order Without Application of Mind and 14-Year Delay in Investigation Constitute Abuse of Process, Proceedings Quashed Under Section 482 Cr.P.C.

The petitioners, Sayed Anwar Ahmed and Sayed Ghulam Raza Naqvi, filed a Criminal Writ Petition under Article 226 of the Constitution of India read wit...