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Supreme Court Affirms That Employee of Government-Owned Company Not Holding Civil Post Under Union; Article 311 Protection Denied. Hindustan Steel Ltd.'s Independent Corporate Existence Precludes Characterisation of Its Posts as Civil Posts Under the Union Under Article 311 of Constitution.

The dispute arose from the termination of service of an Assistant Surgeon employed by Hindustan Steel Ltd., Ranchi. The appellant, S. L. Agarwal, chal...

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Bombay High Court Examines Challenge to Charity Commissioner's Permission for Lease of Trust Land for 30 Years Without Public Notice. Question Involved Whether Mandatory Advertisement Under Bombay Public Trust Act Was Dispensable for Long-Term Agricultural Lease.

The writ petition was filed by three residents of village Hinglajwadi, claiming to be devotees and interested persons under Section 2(10)(a) of the Bo...

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Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable.

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife fi...

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High Court of Bombay Reconsiders Appellant’s Murder Conviction Based on Circumstantial Evidence; Handwriting Expert Opinion Under Scrutiny. Conviction of Appellant for Murder Under Section 302 IPC Challenged on Grounds That Chain of Circumstances Incomplete and Expert Evidence Not Corroborated.

The appellant, Vikas Ramdas Khairnar Patil, preferred a criminal appeal before the Bombay High Court against his conviction and life imprisonment for ...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Dismisses Review Petition in Rafale Deal Case Due to Reliance on Unauthorizedly Removed Secret Documents. Court Holds That Publication of Documents in Newspaper Does Not Confer Right to Use Them in Judicial Proceedings Without Lawful Authority.

The Supreme Court of India heard a preliminary objection regarding the maintainability of a review petition filed by Yashwant Sinha and others in conn...

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Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...