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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court Adjudicates Public Interest Petition Against Ministerial Orders on Land Reservation for Pune Telephones and Cooperative Housing Societies. The Court Considers Legality of Compromise Order and Subsequent Land Acquisition Proceedings in Light of Development Plan and ULC Act Provisions.

The petitioners, residents of Pune, filed a public interest petition under Article 226 of the Constitution challenging the order dated 6.2.1991 (a com...

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...

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Supreme Court Dismisses Appeal by Central Warehousing Corporation Against Appointment of Arbitrator — Public Premises Act Does Not Override Arbitration Act. Disputes Over Unilateral Rate Revision and Lease Renewal Are Arbitrable Under Clause 16 of the Lease Agreement.

The Supreme Court dismissed an appeal by the Central Warehousing Corporation (CWC) against a High Court order appointing an arbitrator to resolve disp...

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Bombay High Court Allows Discharge of Accused No.5 in Human Trafficking and Immoral Traffic Case for Lack of Prima Facie Evidence. Mere presence in a hotel room during a raid does not constitute trafficking under Section 370(3) IPC or offences under Sections 3, 4, 5 of PITA.

The applicant, Mahesh Vinayak Patil, was accused no.5 in Sessions Case No.24/2015 arising from FIR No.II 56/2014 registered at Manpada Police Station....