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High Court of Karnataka disposes writ petitions filed by home loan borrowers seeking restraint and no due certificate; court issues directions under Article 226 of the Constitution of India.

The High Court of Karnataka heard a batch of writ petitions filed by individual home loan borrowers against the Union of India, Ministry of Finance, R...

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Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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High Court of Bombay at Goa Allows Tax Appeal on Valuation of Work in Progress in Real Estate — Accounting Standard AS-7 Must Be Followed for Correct Profit Computation. Tribunal's Reliance on Precedent Without Notice Violates Natural Justice.

The appellant, Kayji Real Estate Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed an appeal under the Income Tax Act, 1961, chal...

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Bombay High Court Dismisses Appeal in Tenancy Jurisdiction Dispute — Plaint Returned to Small Causes Court. Court holds that the Small Causes Court has exclusive jurisdiction to try suits between landlord and tenant under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Balwant Dattatraya Mule, filed a suit in the Civil Court claiming to be a tenant of residential premises and seeking reliefs against th...

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Bombay High Court Considers Writ Petition Challenging Deemed Conveyance Order Under MOFA; Petitioner Alleges Natural Justice Violation and Non-Impleadment. Court Hears Arguments on Maintainability and Scope of Section 11(3) Inquiry Without Final Decision in Excerpt.

The present writ petition, filed under Articles 226 and 227 of the Constitution of India, challenged the order dated 14 July 2022 passed by the Compet...