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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Resignation by Air India. Resignation by employee was not voluntary but under duress due to trade union pressure, and employer failed to follow proper procedure under service rules.

The petitioner, Rakesh Rai, was an employee of M/s National Aviation Company of India (Air India), a government company and 'State' under Article 12 o...

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Bombay High Court Dismisses Complainant's Writ Petition Challenging Rejection of Condonation of Delay in Filing Appeal Against Acquittal. Court Held That the Sessions Court's Refusal to Condone Delay Was Justified as the Complainant Failed to Provide Sufficient Cause for the Delay.

The petitioner, Hari Mudkhede, was the original complainant in a criminal case against four accused persons (respondents 2 to 5) under Sections 324, 5...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...