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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Rejects Second Bail Application in Economic Offence Case Due to No Change in Circumstances. Applicant's Role as Director in Fraudulent Transactions Upheld; Gravity of Offence Precludes Bail.

The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wit...

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Division Bench of Karnataka High Court Upholds Bank's Appeal, Reinstates Section 14 Order Under SARFAESI Act. Writ Petition Challenging Magistrate's Order Dismissed on Ground of Availability of Efficacious Alternate Remedy Under Section 17 of SARFAESI Act, 2002.

The appeal arose from a writ petition filed by respondent-borrowers challenging an order dated 13.03.2020 passed by the Chief Judicial Magistrate unde...

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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Bombay High Court Allows Appeal Against CLB Order Appointing Retired Supreme Court Judge as Executing Authority Under Section 634A of Companies Act, 1956 — Holds CLB Cannot Delegate Execution Powers to Third Party

The appeal arose from an order of the Company Law Board (CLB), Principal Bench, New Delhi, dated April 4, 2005, in Company Application Nos.170 of 2003...

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ARBITRATION PETITION (L) NO. 1793 OF 2013

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...