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Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Dismisses Challenge to Land Acquisition Notification for Pune Ring Road Project — Public Purpose and Compliance with Section 4 of Land Acquisition Act, 1894 Upheld. Petitioners Failed to Show Any Violation of Statutory Provisions or Fundamental Rights.

The judgment concerns two writ petitions filed by Shankar Dabhade and others, and Raghunath Sudam Dabhade and others, challenging a notification dated...

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Bombay High Court Dismisses Appeal Against Arbitral Award — Time Limit in Consent Order Held Directory, Not Mandatory. Arbitrator's Mandate Did Not Terminate Automatically Upon Expiry of Four-Month Period Under Section 14 of Arbitration and Conciliation Act, 1996.

The appeal arose from an order of a Single Judge dismissing a petition challenging an arbitral award dated 31.3.2004. The dispute originated from Suit...

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Bombay High Court at Goa Allows Translators' Writ Petitions for Pay Scale Revision - Equal Pay for Equal Work Principle Applied. Translators in Goa Legislature Secretariat entitled to Fifth Pay Commission scale of Rs.5500-9000 due to similar duties with other department translators.

The petitioners, Mr. Yuvaraj Naik and Smt. Blandina D'Sa, were translators employed by the Goa Legislature Secretariat. They filed writ petitions seek...