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High Court of Judicature at Bombay Allows Decree-Holder in Execution of Possession Decree Under Code of Civil Procedure, 1908. Subsequent Purchasers Claiming Through Judgment Debtor Cannot Claim Better Right to Obstruct Decree Under Order 21 Rule 35 CPC.

The writ petition arose from execution proceedings concerning a decree for possession of agricultural land. The original plaintiff, Smt. Anjanabai Tat...

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High Court of Judicature at Bombay, Bench at Aurangabad Hears Writ Petition Challenging Rejection of Scheduled Tribe Claim Under 2000 Act. Court Considers Whether Father's Validity Certificate Can Be Relied Upon Without Fresh Vigilance Enquiry in Light of Supreme Court Precedent.

The writ petition arose from the rejection of the petitioner's claim of belonging to the Koli Mahadev Scheduled Tribe by the Scheduled Tribe Caste Cer...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Due to Availability of Alternative Remedy. Guarantors and Corporate Debtor Directed to Approach Debt Recovery Tribunal Under Section 17 of SARFAESI Act, 2002.

The petitioners, Kishan Chhelaram Manik and Manik Engineering Private Limited, filed a writ petition under Article 226 of the Constitution before the ...

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High Court of Bombay Allows Writ Petition Challenging Trial Court's Order on Preliminary Issue of Jurisdiction Without Hearing Parties. Trial Court's Order Set Aside for Violating Natural Justice Principles Under Order VII Rule 11 CPC.

The petitioner, Chandansingh Sadhusingh Chandel, filed a writ petition under Article 227 of the Constitution of India before the High Court of Bombay ...

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Supreme Court Allows Appeal in MPID Act Deposit Dispute — High Court Erred in Treating Investment as Loan Transaction. The court held that amounts advanced with promise of interest constitute 'deposit' under Section 2(c) of MPID Act, and failure to repay amounts to 'fraudulent default' under Section 3.

The present appeal arises from a judgment of the Bombay High Court dismissing the appellants' Criminal Revision Application under the MPID Act. The ap...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...