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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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WRIT PETITION (ST) NO. 1338 OF 2020

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Clerks' Petition for Old Pension Scheme: Recruitment Process Commenced Before Cut-off Date Entities Employees to Old Pension. Government Resolution of 2005 Not Applicable to Employees Recruited Before 2008 Notification.

The petitioners, 56 Clerks working on the establishment of the Bombay High Court, Appellate Side, filed a writ petition seeking a declaration that the...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Supreme Court Disposes of Appeals in Mining Lease Dispute – Withdrawal of Recommendation and Reservation Notifications Challenged.

These appeals arise from a common judgment of the Jharkhand High Court dated April 4, 2007, dismissing writ petitions filed by several companies engag...

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Supreme Court Allows Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...