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Bombay High Court Allows Revision Against Dismissal of Criminal Appeal for Default - Appellate Court Cannot Dismiss Appeal Against Conviction for Default. Criminal Appeal Against Conviction Must Be Decided on Merits, Not Dismissed for Default Under Section 386 CrPC.

The applicant, Fayyaz Khayyum Qureshi, was convicted by the 5th Judicial Magistrate First Class, Aurangabad, in RCC No.102/2006 for offences under Sec...

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Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct.

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superan...

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Bombay High Court Dismisses Petition Challenging Rejection of Delay Condonation Application in Civil Suit — 228-Day Delay Not Sufficiently Explained. The court upheld the trial court's finding that the explanation for delay was vague and unsupported by evidence, declining to interfere under Article 227.

The petitioners, plaintiffs in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order d...

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Bombay High Court Allows Writ Petitions Against GST Appellate Orders Due to Non-Constitution of Tribunal. Failure to Constitute Appellate Tribunal Under Section 112 of MGST Act Renders Alternative Remedy Ineffective, Entitling Assessees to Direct Writ Jurisdiction Under Article 226.

The petitioners, Gulf Oil Lubricants India Ltd. and Dinesh Engineers Limited along with Dinesh K. Kargal, filed writ petitions under Article 226 of th...

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High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

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Bombay High Court Dismisses Second Appeal as Not Maintainable Against Order of Abatement of Suit. Order dismissing substitution application and holding suit abated is not a 'decree' under Section 2(2) CPC, hence no second appeal lies under Section 100 CPC.

The appellant, plaintiff no.1, filed a second appeal against an order of the Additional District Judge which affirmed the trial court's order dismissi...