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High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

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Supreme Court Allows Wholesaler in Food Adulteration Case on Warranty Provision. Cash Memo Statement 'Quality Upto the Mark' Constituted Valid Warranty Under Proviso to Rule 12-A of Prevention of Food Adulteration Rules, 1955.

The case originated from a complaint against the appellant, a wholesaler holding a license, for storing and selling compounded asafoetida found to be ...

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KAHC010137812018_1

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Bombay High Court Allows Appeals by Complainant in Cheque Dishonour Cases, Convicts Accused. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted by accused who stopped payment without valid cause, and dispute with third party not a defence.

The case involves three parties: Hewlett Packard (HP), Kores (India) Ltd. (complainant/appellant), and M/s Ambitious Marketing (accused/respondent). K...

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Bombay High Court Allows Writ Petition Against Detention of Air Conditioners by Municipal Corporation for Alleged Undervaluation of Octroi Duty. Classification of Goods Under Schedule-H Item 50 of Bombay Municipal Corporation Act, 1888 Attracts 2% Octroi Duty, Not 4% Under Entry 52 of Octroi Rules.

The petitioner, Batliboi Limited, a manufacturer of industrial package air conditioners, filed a writ petition challenging the detention of its consig...

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KAHC010223882018_1

The judgment before the High Court of Karnataka involved a batch of writ petitions filed by various individuals challenging notifications issued by th...

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Supreme Court Upholds Promote Inspectors in Seniority Dispute Under Central Excise Recruitment Rules. Inter Se Seniority Must Be Fixed Based on 1959 and 1986 Office Memoranda with Quota Rule Compliance, Rejecting High Court's View on Vacancy Register Irrelevance.

The dispute originated from seniority fixation among Inspectors of Central Excise, recruited through direct recruitment and promotion under the Centra...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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KAHC010124482018_1

A batch of writ petitions was filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution, challenging notifications issue...