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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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CRIMINAL WRIT PETITION NO.3931 OF 2016

The petitioner, a former PWD Minister of Maharashtra, filed a habeas corpus petition under Articles 226 and 227 of the Constitution challenging his ar...

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Bombay High Court Dismisses Petition Challenging Rejection of Summary Judgment in Commercial Suit for Recovery of Loan. Money-Lending Without License Under Maharashtra Money-Lending (Regulation) Act, 2014 Raises Triable Issue.

The petitioners, M/s. Ashok Commercial Enterprises and Ramesh Uttamchand Ramchandani, filed a commercial suit for recovery of Rs.50,00,000/- with inte...

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Bombay High Court Examines Jurisdiction of Assistant Registrar under Bombay Moneylenders Act to Nullify Registered Sale Deeds. Multiple writ petitions challenge orders directing reconveyance of agricultural land alleged to be security for unlicensed money lending.

The High Court of Bombay, Nagpur Bench, heard a batch of 21 writ petitions collectively, all challenging orders passed by the Taluka Assistant Registr...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Quashes Arrest Order Against Guarantors in DRT Recovery Proceedings — Recovery Officer Cannot Order Arrest Without Prior Notice and Hearing Under Section 25 of RDDBFI Act, 1993

The petitioners, Kishor K. Mehta and Rajesh K. Mehta, were directors and guarantors of Beautiful Diamonds Company Limited, which had availed loan faci...