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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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Madras High Court Disposes of Writ Petition Seeking Mandamus for Expeditious Conclusion of Patta Cancellation Enquiry. Court Directs Second Respondent to Pass Orders Within Eight Weeks Due to Inordinate Delay in Proceedings.

The petitioner, Manimuthu, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, see...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Main Offence Not Considered, Rendering Subjective Satisfaction Invalid.

The petitioner, father of the detenu, challenged the preventive detention order dated 13th November 2019 passed by the Commissioner of Police, Railway...

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Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...