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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Dismisses DRI's Challenge to Settlement Commission Order in DEPB Scheme Case — No Liability for Alleged Overvaluation. Settlement Commission's finding of no fraud or misrepresentation by exporter upheld as finding of fact not open to interference under Article 226.

The Directorate of Revenue Intelligence (DRI) filed a writ petition under Article 226 of the Constitution of India challenging an order dated 6 March ...

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Bombay High Court Dismisses Petition Challenging Impleadment of Landlord in Suit Against Demolition Notice Under Section 351 of BMC Act, 1888. Landlord's Direct Interest in Property Makes Them a Necessary Party Under Order 1 Rule 10 CPC.

The petitioners, claiming to be owners of a gala in Dhiraj Pen Compound, Andheri, filed a suit challenging a demolition notice dated 17 September 2008...

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Bombay High Court Dismisses PIL Challenging Entertainment Tax Exemption for IPL Matches — State Government's Policy Decision Not Interfered With. Policy Decision on Tax Exemption Upheld as Not Arbitrary Under Bombay Entertainment Duty Act, 1923.

The petitioner, a sitting Member of the Maharashtra Legislative Assembly, filed a Public Interest Litigation challenging the propriety of the decision...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

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Bombay High Court Allows Appeal Against Execution Order in Section 6 Specific Relief Act Suit — Bar Under Section 6(3) Does Not Apply to Execution Proceedings Under Order XXI CPC. Appeal Under Order XXI Rule 103 CPC Held Maintainable as Execution Order Is Not a Decree in the Suit.

The appellant, an obstructionist, challenged a judgment and order dated 7 December 2009 passed by the City Civil Court, Mumbai, which made absolute a ...