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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Bombay High Court Grants Interim Injunction in Design and Trademark Infringement Suit — Plaintiff's Registered Designs and Trademark Protected Against Alleged Imitation. Court Restrains Defendants from Using Identical or Deceptively Similar Designs and Marks on Kitchen Appliances.

The plaintiff, Maya Appliances Private Ltd., filed a suit and notice of motion seeking interim injunction against Jaipan Industries Limited and others...

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Bombay High Court Upholds School Tribunal's Compensation Award for Illegal Termination of Teachers Under MEPS Act. Termination Without Prior Approval of Education Officer Held Illegal, but Back Wages Limited to One Year's Salary as Reinstatement Not Feasible Due to Superannuation.

The judgment involves four writ petitions arising from a dispute between two retired teachers, Baburao Dahat and Sulbha Hejib, and their employer, Jaw...

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High Court Grants Bail to Accused in Extortion and Assault Case — No Prima Facie Case of Extortion Made Out as Demand Was for Genuine Dues. Applicant Accused Under Sections 384, 385, 323, 504, 506, 109, 114, 34 IPC Granted Bail as Allegations of Extortion Not Made Out.

The applicant, Santosh s/o Chabiladas Chaudahri, filed an application for regular bail under the Code of Criminal Procedure, 1973. He was named as acc...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell Land Between Housing Society and Landowner Does Not Attract Criminal Offences Under Sections 420, 468, 471, 447 IPC.

The applicant, Indrajitsingh Jogindersingh, was accused no. 10 in Crime No. 131/2006 registered at Police Station Gittikhadan, Nagpur, for offences un...

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Bombay High Court Dismisses Petitions Challenging Stamp Duty on Renewal of Perpetual Lease Under Maharashtra Stamp Act, 1958. Levy of stamp duty on renewal of perpetual lease is not manifestly arbitrary or violative of Articles 14 and 300A of the Constitution of India.

The Bombay High Court at Nagpur, through a division bench comprising Justices Anil S. Kilor and Rajnish R. Vyas, dismissed two writ petitions challeng...

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Bombay High Court Dismisses Writ Petition Seeking Alternate Plot — No Legal Right to Substitution Established. Co-operative society's claim for alternate land rejected as original allotment remained intact, no statutory right under Article 226 of Constitution of India.

The petitioners, Nyaya Darshan Co-operative Housing Society Ltd. and its member Chandru Tolani, filed a writ petition under Article 226 of the Constit...

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Bombay High Court Dismisses Petitions Challenging Tribunal's Order Quashing Shortlisting Criteria for Civil Surgeon Selection. Held that prescribing higher qualification not advertised violates Articles 14 and 16 of the Constitution.

The case involves two writ petitions challenging a common judgment of the Maharashtra Administrative Tribunal dated 27 January 2014. The Tribunal had ...