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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Supreme Court Dismisses Appeal in Summary Suit Under Order XXXVII CPC Due to Absence of Triable Issues. Leave to Defend Rightly Denied as Invoices Constituted Written Contracts Establishing Appellant's Liability for Goods Supplied.

The appeal arose from a summary suit for money recovery filed under Order XXXVII of the Code of Civil Procedure, 1908, by the plaintiff-respondent No....

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Bombay High Court Acquits Accused in Corruption Case Due to Vitiated Sanction and Inconsistent Evidence. Sanction under Section 19 of Prevention of Corruption Act, 1988 found to be without application of mind, and prosecution evidence on demand and acceptance of bribe was mutually inconsistent.

The appellant, Ravindra s/o Marotrao Thakre, was convicted by the Special Court under the Prevention of Corruption Act, 1988 for offences under Sectio...

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Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Extensions in Commercial Premises. Petitioners Failed to Show Any Sanctioned Plan or Permission for Structures on Compulsory Open Space Under Section 55 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, occupants and owners of shops in Dattani Shopping Centre, Mumbai, challenged an order dated 14 January 2011 passed by the Assistant M...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...