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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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High Court of Karnataka Directs Banks to Comply with RBI Prudential Framework for Stressed Assets Resolution in Writ Petition by Borrower Company. The court held that the RBI circular dated June 7, 2019, is binding on banks and that the borrower has a right to seek a review meeting under the framework.

The petitioner, Ganjam Nagappa and Son Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226...

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High Court of Karnataka Allows Wife's Petition to Refer Nullity Proceedings to Mediation in Hindu Marriage Act Case — Emphasizes Mandatory Mediation Referral Under Section 12(1)(c) of Hindu Marriage Act, 1955 and Section 89 CPC.

The petitioner, Bhavana Ramaprasad, wife of Yadunandan Parthasarathy, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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Bombay High Court Dismisses Petition Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act Based on Lok Adalat Award. Lok Adalat Award Not an Award of Court Under Part III of Land Acquisition Act, 1894.

The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...