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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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Supreme Court Allows State to Enhance Royalty/Dead Rent in Mining Leases Despite Absence of Express Clause. Statutory Provisions Under Section 15(3) of MMDR Act and Rules 10 and 21 of Punjab Minor Mineral Concession Rules, 1964 Impliedly Authorize Enhancement During Subsistence of Lease.

The Supreme Court considered two civil appeals arising from Special Leave Petitions filed by the State of Haryana against judgments of the Punjab and ...

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Bombay High Court Dismisses Writ Petition Against Termination by District Central Cooperative Bank, Holding It Not a State Under Article 12. Cooperative Bank Employee's Challenge to Dismissal Fails as DCC Bank Is Not an Instrumentality of the State and No Violation of Natural Justice Established.

The petitioner, Kiran Rangnath Kale, was employed as a Manager at the Beed District Central Cooperative Bank (respondent No. 3). He was initially appo...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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High Court of Karnataka Upholds Minimum Attendance Requirement for Law Students in Promotion Regulation. Regulation requiring 75% attendance for promotion from first to second year of 5-year B.A., LL.B. course held valid and not arbitrary.

The petitioners, students of Vidyodaya Law College, Tumkur, and others, filed writ petitions under Articles 226 and 227 of the Constitution of India c...

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Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...

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Supreme Court Upholds High Court Decision Declaring Licence Fees Ultra Vires under U.P. Municipalities Act, 1916. Imposition of Rs. 30/- and Rs. 51/- Licence Fees on Rickshaw Owners and Drivers Lacked Sufficient Quid Pro Quo, Rendering Bye-Laws Invalid.

The dispute arose from bye-laws framed by the Nagar Mahapalika, Varanasi (Municipal Board) under the U.P. Municipalities Act, 1916, imposing annual li...