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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Wife's Petition Challenging Reversal of Maintenance Under Domestic Violence Act. Appellate court erred in setting aside maintenance without considering wife's entitlement under Section 20 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Madhura Milind Gadgil, married respondent No.1, Milind Neelkant Gadgil, on 26 May 1990. A daughter was born on 5 July 1991. In 1997, t...

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Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Supreme Court Upholds Dismissal of CISF Officer for Corruption and Fabrication of Evidence. Disciplinary Proceedings Valid Despite Minor Procedural Irregularities.

The appellant, Pravin Kumar, was a Sub-Inspector in the Central Industrial Security Force (CISF) posted at the Bharat Petroleum Corporation Ltd (BPCL)...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...