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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Bombay High Court Dismisses Trade Union's Challenge to No Objection Certificate for Factory Land Development. Deputy Labour Commissioner's NOC for developing factory land under Section 25-O of Industrial Disputes Act, 1947 upheld as valid and not violative of principles of natural justice.

The petitioner, Kothari Kamgar Committee, a trade union registered under the Trade Union Act, 1926, filed a writ petition challenging the no objection...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court Allows Petition Challenging Commissioner's Order in Gram Sabha Resolution Dispute — Procedural Irregularities in Gram Sabha Proceedings Render Resolution Invalid.

The Petitioner, Gajanan Baburao Sankpal, was the Chairman of the Pani Purvatha Ani Swachhata Samiti (Water Supply and Sanitation Committee) constitute...

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Bombay High Court Dismisses Petition Challenging Gram Panchayat's Resolution for Property Tax on Capital Value. Gram Panchayat has power to levy property tax on capital value of lands/buildings under Rule 7 of Maharashtra Village Panchayats Taxes and Fees Rules, 1960.

The petitioner, a resident of village Silewada, challenged Resolution No. 6 dated 30th July 1994 passed by the Gram Panchayat, Silewada, whereby the G...