Search Results for "Functus Officio"

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Writ Petition Challenging Eviction Proceedings Under Public Premises Act — Amendment and Show Cause Notice Quashed for Lack of Jurisdiction and Violation of Natural Justice

The petitioner, Shapoorji Pallonji & Company Pvt Ltd, a tenant in a premises owned by the respondent, The New India Assurance Company Ltd, challenged ...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Dismisses Wife's Challenge to Correction of Decree in Mutual Consent Divorce Case. Omission of Settlement Deed from Decree is Accidental Slip Correctable Under Section 152 CPC Without Notice.

The petitioner-wife and respondent-husband had filed a joint petition under Section 13(B) of the Hindu Marriage Act, 1955 for dissolution of their mar...

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Bombay High Court Dismisses Petitions Challenging Industrial Dispute Reference Under Section 10 of Industrial Disputes Act, 1947 — Government's Satisfaction for Reference Not Open to Judicial Review on Merits.

The judgment pertains to two writ petitions filed by Harinagar Sugar Mills Ltd. and Shangrila Food Products Ltd. challenging the order of reference ma...