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High Court of Karnataka Hears Challenge to Arbitrator's Interlocutory Order on Summoning of Documents. Court Considers Maintainability of Writ Petitions Against Interlocutory Orders Under Articles 226 and 227 in Light of SBP & Co. v. Patel Engineering.

The dispute arose between Dodballapur Integrated Textile Park Limited and the claimants, Vinod G. Jain and Premalatha G. Jain, under a sub-lease agree...

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Bombay High Court Dismisses Application to Strike Off Defence in Foreign Award Enforcement Proceedings. Security Deposit Condition Not a Bar to Defend Petition on Merits Under Order 39 Rule 11 CPC and Section 49 of Arbitration and Conciliation Act, 1996.

The petitioners, Pacific Basin Handymax (UK) Ltd., filed a Notice of Motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908, seeking to st...

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Bombay High Court Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Vice-Chancellor of Pune University; Holds No Violation of Prescribed Qualifications. Court Finds that Petitioner Failed to Prove That Incumbent Lacked Essential Qualifications Under the Maharashtra Universities Act, 1994.

A writ petition under Article 226 of the Constitution of India was filed by Dr. Prabhakar J. Lavakare challenging the appointment of Respondent No.4, ...

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Karnataka High Court Hears First Appeal Against Dismissal of Suit for Permanent Injunction and Damages in Software Development Contract. Suit Alleged Breach of Implied Contract by C-DAC Following Public Advertisement for Tamil Language Software Tools.

The appellant, M/s. Applesoft, a software development firm, filed a suit seeking a permanent injunction against the respondents, the Centre for Develo...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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Bombay High Court Allows Wife's Appeal in Divorce Case Under Goa Law of Divorce — Allegations of Unchastity in Deposition Constitute Cruelty. Condonation of cruelty not a valid defense under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa.

The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The part...