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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Sri Manjunatha Kutta, was convicted by the Special Judge, Bengaluru Urban District, for offences under Sections 7 and 13(1)(d) read wit...

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Bombay High Court Allows Writ Petition Challenging Deficit Stamp Duty Demand — Limitation Period Under Section 32-A(1) of Bombay Stamp Act, 1958 Is Mandatory. Demand for deficit stamp duty and penalty made after 5 years from execution of instrument is without jurisdiction and liable to be quashed.

The petitioner, Meena Shyam Tulsani, purchased a commercial office premises admeasuring 351 sq.ft super built up area in 1999 through a notarized agre...

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Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...

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Bombay High Court Upholds Cancellation of Fair Price Shop Authorization for Non-Maintenance of Accounts. Minister's Revision Order Setting Aside Cancellation and Imposing Fine Quashed as Unreasonable and Perverse.

The petitioner, Vijay Changole, challenged the order of the Minister, Food and Civil Supplies Department, dated 04.03.2015, which set aside the cancel...

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Bombay High Court Upholds Government Resolution Requiring NOC for School Recognition in Education Act Case. Educational Societies Challenge Condition of No Objection Certificate from Local Authority for Grant of Recognition to Primary Schools Under Maharashtra Primary Education Act, 1947.

The judgment concerns a batch of writ petitions filed by various educational societies and trusts challenging a Government Resolution (GR) dated 30th ...

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Bombay High Court Dismisses Second Appeals by Obstructionists in Execution Proceedings — Purchasers During Pendency of Lis Not Bona Fide. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applies to Execution Proceedings, and Purchasers During Pendency Are Bound by Decree.

The case involves three second appeals arising from execution proceedings. The respondent decree holders (Respondent Nos.1-3) obtained a compromise de...