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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions....

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur District Central Coop. Bank Ltd. and other respondents...

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Bombay High Court Quashes FIR in Cheating Case Against Real Estate Developers Due to Civil Nature of Dispute. Dispute over sale of property rights held to be purely civil, not criminal, under Sections 406, 420, 467 IPC....

The petitioners, Deepak Vallabhji Dedhia and Jitendra Vallabhji Dedhia, were partners of M/s. Ketki Developers, a firm engaged in real estate. Respondent no.3, Navin Dharshi Shah, was a partner of M/s...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis....

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio General Insurance Co. Ltd., for Rs.2 crores. The cr...

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Bombay High Court Partly Allows Externment Challenge in Bombay Police Act Case — Externment from Two Districts Reduced to One Due to Lack of Subjective Satisfaction. Petitioner's Prejudicial Activities Confined to Jalna, Yet Externed from Aurangabad Also, Violates Section 56 of Bombay Police Act, 1951....

The petitioner, Ravindra @ Ravi S/o Harisingh Jadhav, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, challenging an ex...

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Bombay High Court Dismisses State Appeal in Murder Case Upholding Acquittal of Accused Due to Hostile Witnesses and Insufficient Evidence. Acquittal Under Sections 302/34 IPC Confirmed as Trial Court's View Was Plausible and Not Perverse, with No Reliable Eyewitness Account of Assault....

The State of Maharashtra filed an appeal against the judgment and order of the 3rd Additional Sessions Judge, Nanded, dated 22 December 1995, acquitting three brothers—Maheboob Khan, Faruq Khan, and...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC....

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of 2010. The suit was for partition and separate poss...