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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Supreme Court Allows Appeals in Seniority Dispute, Quashing High Court Division Bench Judgment. Seniority lists prepared based on date of dispatch of select lists were held arbitrary and contrary to Rule 5 of Uttar Pradesh Government Servants Seniority Rules, 1991, requiring fresh merit-based list.

The dispute arose from seniority lists dated 05.09.2006 and 05.03.2010 for Junior Engineers in the Department of Minor Irrigation, Uttar Pradesh, invo...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...