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Bombay High Court Dismisses Writ Petitions Challenging SARFAESI Auction Sale Against Personal Guarantors. Alternative Remedy Under Section 17 of SARFAESI Act, 2002 Not Exhausted; Auction Sale Confirmed and Sale Certificate Issued.

The petitioners, M/s Utkarsh Cement Sales Pvt. Ltd. and its directors/guarantors, filed two writ petitions before the Bombay High Court (Aurangabad Be...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement Order in Unfair Labour Practice Case. Employer failed to prove voluntary resignation through E-portal; reinstatement with full back wages upheld under MRTU & PULP Act.

The Petitioner, Reliance Integrated Services Pvt. Ltd., challenged the orders of the Labour Court and Industrial Court directing reinstatement of the ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Sets Aside Arbitral Award Due to Arbitrator Disqualification in Multi-State Cooperative Dispute. Failure to Disclose Bias and Withdrawal from Similar Matters Constitutes Grounds for Setting Aside Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, The Saraswat Cooperative Bank Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chal...

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Bombay High Court Partially Sets Aside Arbitral Award in Cooperative Bank Dispute for Exceeding Jurisdiction Under MSCS Act and Arbitration Act. Arbitrator's Directions Against Employer and Appointment of Receiver Held Impermissible.

The petitioner, Mr. Ratansi R. Gada, a principal borrower from Abhyudaya Cooperative Bank Ltd., challenged an arbitral award passed by an arbitrator a...

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Bombay High Court Dismisses Writ Petition Challenging Deemed Conveyance Under MOFA. Lease Deed Authorizing Sublease Validates Competent Authority's Order Granting Deemed Conveyance to Cooperative Society.

The petitioner, Prakash Arun Apte, proprietor of M/s A.V. Apte & Company, challenged an order dated 28 August 2014 passed by the Competent Authority a...

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Supreme Court Allows Grandmother's Appeal in Child Custody Dispute, Sets Aside High Court's Habeas Corpus Order. Father's Voluntary Handover of Child to Grandmother and Affidavit Appointing Her as Guardian Renders Custody Not Illegal, Requiring Remedy Under Guardians and Wards Act, 1890.

The present appeal arises from a custody dispute over a minor child, Garvit, born on 5th July 2015 to Dr. Kulwant Singh (respondent-father) and Sangee...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...