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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Supreme Court Allows Appeal in MPID Act Deposit Dispute — High Court Erred in Treating Investment as Loan Transaction. The court held that amounts advanced with promise of interest constitute 'deposit' under Section 2(c) of MPID Act, and failure to repay amounts to 'fraudulent default' under Section 3.

The present appeal arises from a judgment of the Bombay High Court dismissing the appellants' Criminal Revision Application under the MPID Act. The ap...

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High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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FIRST APPEAL NO. 1272 OF 2019

The first appeal was preferred by the original opponent against the order cancelling her appointment as guardian of her husband. The appellant was app...

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High Court of Bombay Passes Interim Orders Directing Restoration of Lake and Prevention of Mangrove Destruction in Navi Mumbai. Modification of Development Plan to Permit Golf Course Raised Public Interest Concerns.

The public interest litigations were filed to address the systematic destruction of mangroves and wetlands in Navi Mumbai. The petitioners in PIL 218/...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...