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High Court of Karnataka Dismisses Appeal Challenging DICGC Act Provisions in Cooperative Bank Deposit Insurance Dispute. Sections 18A(5) and 21(3)(4) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, held constitutional and not arbitrary.

The appellant, Sri G.K. Gururaja Rao, Secretary of Sri Guru Raghavendra Sahakara Bank Niyamitha, filed a writ petition under Article 226 of the Consti...

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High Court of Karnataka Quashes Penalty Imposed by MUDA on Allottee for Violation of Natural Justice — Penalty Without Show Cause Notice Set Aside. Succession Rights Recognized and Authority Directed to Follow Due Process Before Imposing Penalty.

The petitioner, Radhika Bhat, filed a writ petition challenging an endorsement dated 23-11-2016 issued by the Mysore Urban Development Authority (MUDA...

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High Court of Karnataka Dismisses Writ Petition Challenging Reference to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Filing of Written Statement Does Not Waive Right to Seek Arbitration.

The petitioner, M/S Alang Metal Exim Pvt. Ltd., filed a money suit (O.S.No.3749/2013) against the respondents, MSTC Limited and The Fertilizers & Chem...

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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

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Bombay High Court Quashes Delegation of Powers by Municipal Corporation to Standing Committee and Commissioner — Ultra Vires the Maharashtra Municipal Corporations Act, 1949. General Body Cannot Delegate Its Statutory Powers to Subordinate Bodies Without Express Authority.

The petitioner, Yogesh Mangalsen Bahal, challenged a resolution passed by the General Body of the Pimpri Chinchwad Municipal Corporation on 20 June 20...

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Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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High Court of Bombay at Goa Quashes Coercive Encashment of Bank Guarantee in Customs Case, Citing CBEC Circular and Precedent. Encashment on Same Day as Service of Order-in-Original Held Improper Under Section 129E of Customs Act, 1962.

The petitioners, a proprietary concern and a partnership firm, challenged the coercive encashment of a bank guarantee by the Customs authorities. The ...

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Bombay High Court Hears Section 34 Petition Against Arbitral Award Rejecting Securities Claim on Grounds of Forum Shopping. Petitioners Contend That Regulatory Proceedings Against Clearing Member and Arbitration Against Depository Are Distinct, Allowing Simultaneous Pursuit Under Indemnity Principles.

This matter arises from a petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Judicature at Bombay...