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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Supreme Court Allows Appeal of Head Constables in Promotion Dispute — Rules 2010 Notified After Vacancy Cannot Deny Promotion. Educational Qualification for Promotion to ASI-Executive Must Be Possessed at Time of Promotion, Not Initial Appointment, Under 2008 Rules and Standing Order.

The case involves a dispute among Head Constables of the Andaman & Nicobar Police Department regarding promotion to the post of Assistant Sub-Inspecto...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Allows Medical College to Retain Additional 75 Seats in Writ Petition Against MCI and Union of India. Reduction of Intake Capacity Without Hearing Violates Natural Justice; Impugned Orders Quashed.

The petitioner, Pravara Institute of Medical Sciences (Deemed University's) Rural Medical College at Loni, is a recognized medical college imparting g...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with Back Wages. Termination of workman without compliance with Section 25F of Industrial Disputes Act, 1947 held illegal, and reinstatement with full back wages upheld.

The petitioner, M/s. Carona Ltd., challenged the judgment and order of the Labour Court, Mumbai, dated 30th September 2016, in Reference (IDA) No. 156...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence. Conviction under Sections 302, 201 read with 34 IPC set aside as circumstantial evidence was insufficient and dying declaration unreliable.

The case involves appeals against conviction for murder of Babarao Dhanewad. The deceased was living with his wife (accused No.3) and children in a fa...