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Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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High Court of Karnataka Quashes Section 138 NI Act Proceedings Against Accused Due to Non-Existent Debt and Unrebutted Defence. Dishonour of Cheque Issued as Security for Loan Not Attracting Section 138 of Negotiable Instruments Act, 1881 as Debt Not Legally Enforceable.

The petitioner, Sri Lalji Kesha Vaid, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of crimina...

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Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory.

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before...

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High Court of Bombay Reserves Verdict on Stay of Film ‘Black Friday’ Amid Pending Trial in 1993 Blasts Case. Accused Argues Docudrama Constitutes Contempt and Defamation, Violates Right to Fair Trial Under Article 21.

The writ petition was filed by Mushtaq Moosa Tarani, accused No. 44 in the 1993 Bombay bomb blasts trial (Bombay Blast Case No. 1 of 1993), under the ...

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Bombay High Court Allows Appeal by State Financial Corporation Against Injunction Restraining Possession Under Section 29 of SFC Act. Statutory Right to Take Possession Cannot Be Injuncted Without Proof of Arbitrariness.

The appeal arises from a judgment and order dated 21st January 2002 passed by the learned Joint Civil Judge (S.D.), Nasik, allowing the application fo...

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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...