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Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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Bombay High Court Dismisses Petitions Challenging Land Reservation for Sports Complex in Development Plan. Court upholds reservation of land for a multipurpose sports complex under the Maharashtra Regional and Town Planning Act, 1966, rejecting claims of non-implementation and lack of public purpose.

The Bharatiya Adhyatmic Society, a public charitable trust, owned land in Chembur, Mumbai. The land was reserved for a 'Chembur Multipurpose Complex' ...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

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Bombay High Court Dismisses Writ Petitions Challenging Rejection of Withdrawal of Suit Under Maharashtra Public Trusts Act. Joint Charity Commissioner's Order Upheld as No New Trust Was Created and Suit Was Not Maintainable.

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging the order dated 21.1.2016 passed by the learned Joint Charity Commiss...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Withdrawal of Suit Under Section 50 of Maharashtra Public Trusts Act, 1950 — Petitioner Failed to Show Sufficient Cause for Withdrawal of Suit Filed in Representative Capacity.

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging an order dated 21.1.2016 passed by the learned Joint Charity Commissi...

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Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...