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Bombay High Court Hears Writ Petition Challenging Order in Execution of Specific Performance Decree Pending Since 1978. Court Issues Rule and, with Consent, Takes Up Matter for Final Hearing at Admission Stage.

The writ petition arose from execution proceedings in a specific performance suit that was decreed in 1977 and confirmed in 1982. The respondent (decr...

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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Civil Application Seeking Recall of Compromise Decree in Second Appeal No. 356 of 2001. Applicant Claims Prior Purchase of Suit Land and Alleges Fraud, Suppression, and Violation of Interim Orders.

The applicant filed a civil application seeking recall of an order dated 23.12.2011 by which Second Appeal No.356 of 2001 was disposed of in terms of ...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Supreme Court Allows Amendment of Plaint to Correct Mistake in Description of Plaintiff in Recovery Suit. Inadvertent Error in Naming Individual Instead of Company Held Curable Under Order 6 Rule 17 CPC.

The appellant, Varun Pahwa, as Director of Siddharth Garments Pvt. Ltd., filed a suit for recovery of Rs. 25,00,000/- advanced as loan to the responde...