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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Supreme Court Dismisses Recusal Request as Forum Shopping and Bench Hunting in Criminal Appeal. Petitioner's belated recusal prayer based on strictures passed in 2011 held to be mala fide attempt to avoid the bench.

The Supreme Court was hearing a special leave petition (SLP (Crl.) No. 9445 of 2022) filed by Sanjiv Kumar Rajendrabhai Bhatt against the State of Guj...

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Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Dismisses Surety's Section 9 Petition Against Cooperative Bank for Lack of Arbitration Agreement. No Arbitration Clause Exists Between Surety and Bank in Tripartite Agreement, Rendering Petition Under Section 9 of Arbitration and Conciliation Act, 1996 Not Maintainable.

The petitioner, M/s. Kail Limited (formerly Kitchen Appliances India Limited), filed an Arbitration Petition under Section 9 of the Arbitration and Co...

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Supreme Court Dismisses Bank's Appeal Against National Textile Corporation in Pre-Nationalisation Dues Dispute. Claims for pre-nationalisation period cannot be enforced against the successor entity under the Textile Undertakings (Nationalisation) Act, 1995.

The dispute arose from credit facilities extended by UCO Bank (appellant) to Shree Sitaram Mills Ltd., which was taken over by the National Textile Co...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...