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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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Bombay High Court Allows MSEDCL's Petitions Challenging CGRF Orders on Recovery of Additional Charges from Consumers. MERC Orders on FAC and AEC Recovery Upheld as Binding on Distribution Licensee.

The Bombay High Court dismissed a group of writ petitions filed by Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) challenging orders...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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Bombay High Court Allows Ph.D. Registration Extension Despite Delay — Directory Nature of Time Limit. Requirement to apply three months before expiry held directory where no prejudice caused and delay minimal.

The petitioner, Smt. Sudha Ganeshdatta Tiwari, applied for Ph.D. registration on 15.7.2010 with Rashtrasant Tukdoji Maharaj Nagpur University. Her app...

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Bombay High Court Dismisses Petitions Challenging Sanction of Revised Development Plan Under MRTP Act. Delay in Notification Under Section 31(4) Held Directory, Not Invalidating Sanction.

The case involves two writ petitions challenging the sanction of a Revised Development Plan for Karad Municipal Council under the Maharashtra Regional...

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High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Consider Sufficient Cause for Absence Under Section 151 CPC.

The appellant, Mr. K. Krishnaraj Hegde, filed an election petition under Section 21 of the Karnataka Municipal Corporation (Election) Act 1979 before ...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Allows Extension of Time to File Written Statement Beyond 90 Days in Civil Suit — Order VIII Rule 1 CPC Held Directory. Petitioner/Defendant Granted Relief as No Dilatory Tactics Were Adopted and Sufficient Cause Was Shown for Delay.

The petitioner/defendant challenged the judgment and order dated 30th June 2003 passed by the learned Civil Judge, Junior Division, Margao, which decl...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal's Interim Relief Order in Retrenchment Dispute. Tribunal's power to grant interim relief under Section 25-N of Industrial Disputes Act, 1947 upheld as incidental to adjudication of reference.

The petitioner, United White Metal Ltd., a company engaged in manufacturing steel wire ropes, purchased a factory undertaking from M/s. OTIS Elevators...