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Bombay High Court Refused Permission to Abandon Part of Declaration Claim at the Appellate Stage. ...

Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 – Right to Withdraw Suit or Abandon Part of Claim – Appellate Stage – Effect of Trial Court's Adjudication – Prejudice to Defendant �...

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Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance...

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corresponding obligations. Company law mandates refund...

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High Court of Judicature at Bombay – APMC Board’s Resolution on Financial Authority & Secretary’s Charge Held Invalid. Rule 108(2) of Maharashtra APMC Rules – Financial Authority Confined to Chairman, Vice-Chairman & Secretary – Board Unauthorized to Assign Banking Powers – Resolution Against Law...

Rule 108(2) must be strictly construed – Financial control within APMC is vested in specific office bearers to ensure accountability. Chairman and Vice-Chairman cannot refuse statutory duties – Av...

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Supreme Court Reinstates Conviction in 40-Year-Old Child Rape Case, Overturns High Court’s Acquittal. Silence of a Traumatized Child Witness Not Fatal to Prosecution Case – Medical and Circumstantial Evidence Sufficient for Conviction...

Child Witness and Trauma-Induced Silence: The Court held that the silence of a traumatized child victim cannot be used against the prosecution. The absence of direct testimony from the victim does not...

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Compensation enhanced for quadriplegic accident victim – Future prospects, attendant charges, special diet, pain & suffering considered....

Income Assessment: The Supreme Court held that ₹5,600 per month (assessed by the High Court) was too low. Instead, ₹7,500 per month was considered, aligning with minimum wage standards. (Para 9) F...

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Supreme Court Clarifies Jurisdiction in International Arbitration Agreements. Supreme Court Rules on Applicability of Indian Law and Jurisdiction in Cross-Border Arbitration Disputes...

Governing Law of Arbitration Agreement: The Court applied the three-step test from Sulamérica Cia Nacional De Seguros S.A. v. Enesa Engenharia S.A. to determine the governing law of the arbitratio...

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Eligibility Condition in Admission—Subsequent Compliance—Course Completion Allowed. Educational Eligibility—Initial Ineligibility for Admission to B.A.M.S.—Subsequent Compliance—Doctrine of Actus Curiae Neminem Gravabit Applied—Order of High Court Set Aside...

Constitution of India, Article 136—Special Leave Petition—Educational Qualification—Admission Eligibility Condition—Subsequent Compliancea. The appellant, initially ineligible ...

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Challenge to 10% Weightage for GATE Score in Recruitment Process. Constitutional Validity of GATE Score Weightage in Public Sector Recruitment – Bombay High Court Quashes Unconstitutional Conditions...

GATE Score Weightage – Petitioners challenged the 10% weightage given to the Graduate Aptitude Test in Engineering (GATE) score in the recruitment process for Graduate Engineer-Trainee (Distributio...

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Bombay High Court dismissed writ petitios challenging notices under Section 153C of the Income-Tax Act, 1961, ruling that disputed questions of fact regarding incriminating material, limitation, and jurisdiction should be agitated before appellate authorities....

Income-Tax Act, 1961 – Section 153C – Limitation, Jurisdiction & Incriminating Material – Writ Petition Not Maintainable The writ petition was not maintainable, as disputed factual issues ...