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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court Allows Writ Petition in Cooperative Housing Dispute — Upholds Cooperative Court's Order for Transfer of Flat. Transfer of share and interest in a tenant co-partnership society requires compliance with by-laws and rules; society cannot refuse transfer without valid reason.

The Petitioner, Smt. Geeta Narayan Parvati, was a lecturer and member of Respondent No.2 Society, a tenant co-partnership society registered under the...

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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High Court of Karnataka Quashes Tender Cancellation in Sandranol Procurement Dispute — Violation of Natural Justice and Arbitrary Action. Tender Cancellation Order Set Aside as Issued Without Show Cause Notice and Based on Unsubstantiated Allegations of Price Manipulation.

The petitioner, M/s. Bannari Constructions, a distributor of perfumeries including Sandranol, challenged the cancellation of a tender floated by Karna...

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Gujarat High Court Allows Petition of Heirs in Land Mutation Dispute — Orders Certification of Mutation Entries Despite Pending Civil Suit. Revenue Authorities Cannot Refuse Mutation Based on Disputed Title Without Adjudicating Succession Rights Under Gujarat Land Revenue Code, 1879.

The present petition was filed by the heirs of the deceased Maniben Keshabhai Parmar, seeking a writ of mandamus to quash and set aside orders passed ...

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High Court of Karnataka Quashes CAT Interim Order in Service Matter — Deputation Absorption Dispute. CAT lacked jurisdiction to restrain State Government from absorbing deputationists into Karnataka Administrative Service, and order passed without hearing affected parties violates natural justice.

The petitioners, eight officers of the Karnataka State Government, were on deputation to various departments and were sought to be absorbed into the K...

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Madras High Court Quashes Auction Notification by Public Works Department in Dispute over Fishery Rights. Fishery Right Held to be Immovable Property Right Not Amenable to Extinguishment by Executive Order Without Statutory Backing.

The writ petition was filed by Idol Arulmigu Thirunageswaramudaiyar, a public temple governed by the Tamil Nadu Hindu Religious and Charitable Endowme...