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Supreme Court Dismisses Electricity Board's Appeals in Illegal Disconnection Case — Board Cannot Claim Charges for Period of Its Own Wrongful Act. Initial Disconnection Without Considering Consumer's Instalment Request Violates Section 56 of Electricity Act, 2003.

The appeals arose from a dispute between the Bihar State Electricity Board (appellant) and M/s Iceberg Industries Ltd. (respondent/company) concerning...

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Bombay High Court Allows Writ Petition Challenging Slum Tribunal's Jurisdiction After Amendment. Holds That Amendment Substituting Appellate Forum Is Procedural and Retrospective, Directs Transfer of Pending Appeal to Grievance Redressal Committee Under Section 3C of Maharashtra Slum Areas Act.

The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, S...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Bombay High Court Allows Petition of Hindustan Petroleum Corporation Ltd. Against MSEDCL Over Tariff Categorization of LPG Bottling Plant as Industrial Activity. LPG Bottling Plant Held to Be Manufacturing Activity Entitling Petitioner to HT I Industrial Tariff Under MERC Tariff Order.

The Petitioner, M/s. Hindustan Petroleum Corporation Limited, challenged the categorization of its LPG Gas Bottling Plant at Sangli under the HT II Co...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

The  judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...