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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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High Court of Karnataka Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of NI Act stands unless rebutted by accused; failure to rebut leads to conviction.

The appellant, Sri B.R. Anand, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment of acqui...

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High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

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Bombay High Court Dismisses Landowners' Petition Challenging Tenant Declaration Under Hyderabad Tenancy Act. Concurrent Findings of Tenancy Based on Landowner's Admission and Long-Standing Cultivation Upheld.

The case involves a writ petition filed by the landowners (petitioners) challenging the judgment and order of the Deputy Collector, L.Rs. Parbhani dat...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Relief in Unfair Labour Practice Case. Industrial Court's Order Confirming Status Quo Pending Enquiry Report Upheld Under Section 30(2) of MRTU & PULP Act, 1971.

The petitioner, M/s Spentex Industries Ltd. (formerly Indorama Textiles Ltd.), challenged the order dated 08/11/2010 passed by the Industrial Court, N...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Trademark Infringement and Passing Off Suit. Court upholds Single Judge's order granting leave under Clause 14 of Letters Patent to combine passing off claim with infringement action despite territorial jurisdiction issues.

The case involves two appeals arising from orders of a learned Single Judge of the Bombay High Court in Suit No.2727 of 2011. The appellant, Shree Sia...

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Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...