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Supreme Court Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

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High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents.

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with...

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Bombay High Court Allows Appeals Against Rejection of Plaint in Copyright and Trade Mark Infringement Suit - Cooperative Sugar Factory's Suit for Infringement of Label Design and Trade Mark 'Bhingari Santra' Held Not Barred by Limitation or Res Judicata.

The appellant, a cooperative sugar factory, filed two suits in the District Court seeking relief for infringement of its copyright and trade mark in t...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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High Court of Bombay Allows Appeal of Commissioner of Central Excise in Central Excise Penalty Case — CESTAT Erred in Holding No Provision for Penalty Under Central Excise Act or Rules. Rule 209 of Central Excise Rules, 1944 Provides for Penalty for Offences Relating to Excisable Goods.

The Commissioner of Central Excise filed an appeal against the order dated 31st March 2005 passed by the Customs, Excise and Service Tax Appellate Tri...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...