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Supreme Court Allows Appeal by Bank in Transfer Case — Transfer Order Restored with Alternative Posting Options. Allegations of Malafide Transfer Not Established; Bank's Administrative Exigency Upheld.

The case involves a senior officer of Punjab and Sind Bank, Mrs Durgesh Kuwar, who was appointed as a Probationary Officer in 1998 and promoted to Chi...

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Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

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Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Guardianship Dispute — Mother's Application Under Order VII Rule 11 CPC Rejected as Petition Not Maintainable Under Section 9 of Guardians and Wards Act, 1890

The case involves a Civil Revision Application filed by the original non-applicants (petitioners) against the order of the District Judge, Dhule, reje...

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Bombay High Court Quashes Summons in Cheque Dishonour Cases for Lack of Territorial Jurisdiction. Magistrate at Mumbai had no jurisdiction as no part of cause of action arose within its territorial limits under Section 138 of Negotiable Instruments Act, 1881.

The Bombay High Court considered a group of applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of process issued...

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Bombay High Court Quashes Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. Complaint Filed at Mumbai Fails as Entire Transaction Occurred at Indore, Not Within Magistrate's Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, Jambu Kumar Jain and Prafull Kumar Jain, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to q...

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Bombay High Court Quashes Summons in Cheating Case for Lack of Territorial Jurisdiction and Non-Disclosure of Offence. The court held that the Magistrate at Indore had no jurisdiction as no cause of action arose there, and the complaint did not disclose any offence under Sections 420 or 406 IPC.

The petitioners challenged the summons issued by the Additional Chief Judicial Magistrate at Indore under Sections 420 or 406 read with Section 120-B ...

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Supreme Court Dismisses Appeal in Limitation Dispute Under Indore Municipal Act: Special Plea of Limitation Must Be Pleaded. Dismissal Order Passed Without Jurisdiction Not Protected by Limitation Under Section 135 of Indore Municipal Act, 1909.

The dispute involved an employee of the Municipal Corporation who was dismissed from service. The employee filed a suit seeking a declaration that his...

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Supreme Court Hears Appeal on Whether Income Received by Non-Resident via Cheques Sent by Post Is Taxable in British India. High Court Had Held Post Office as Agent and Income Taxable.

The assessee, a non-resident textile manufacturer with offices at Indore and Bombay, supplied goods to the Indian Stores Department, Government of Ind...