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Bombay High Court Quashes Notice Under Section 111 CrPC for Non-Application of Mind and Vague Allegations — Use of Printed Proforma Without Recording Reasons Renders Notice Invalid

The petitioner, Ruben Franco, challenged a notice dated 6/01/2017 issued under Section 111 of the Code of Criminal Procedure, 1973 by the Deputy Colle...

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Bombay High Court Dismisses Suit for Declaration of Trust and Accounts Against Bank in Palm Oil Import Dispute. Consent Decree in Prior Suit Bars Plaintiff from Claiming Sale Proceeds as Trust Property.

The plaintiffs, Bajranglal Anilkumar Jaju and Hitesh Anilkumar Jaju, filed Suit No. 824 of 1980 against The Vyasya Bank Ltd. seeking a declaration tha...

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Madras High Court Dismisses Revenue's Appeal in Customs Valuation Case — Confirms CESTAT's Finding That Transaction Value of Imported Goods Is Acceptable Under Section 14 of Customs Act, 1962. Burden of Proof on Revenue to Show Fraud or Misdeclaration Not Discharged.

The case involves four Civil Miscellaneous Appeals filed by the Commissioner of Customs (Port-Export), Chennai, under Section 130 of the Customs Act, ...

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Bombay High Court Allows Section 17-B Application for Six Workmen in Industrial Dispute — Employer Must Pay Full Wages Pending Writ. Workmen's Affidavits of Unemployment Sufficient; No Need to Plead Not Gainfully Employed in Original Affidavit.

The case involves a Civil Application under Section 17-B of the Industrial Disputes Act, 1947, filed by Kirloskar Pneumatic Kamgar Sangh (the Union) o...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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High Court of Judicature at Bombay Adjudicated Three Writ Petitions Involving Ownership and Compensation for Land at Village Ulwe. The Petitions Raised Issues Under the Inam Abolition Act, Land Acquisition Act, and the Indian Forest Act Regarding Vesting, Compensation, and Restoration of Possession.

The dispute arose from three writ petitions filed before the Bombay High Court concerning land bearing Survey No. 51/0 at village Ulwe, Taluka Panvel,...