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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Upholds Will in Property Dispute Between Heirs and Legatee. Will dated 7.1.1997 executed by Joao Francisco Lobo in favour of plaintiff No.1 held valid, dismissing appeals by both parties.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally belonging to Joao Francisco Lobo and his wife. Joao Fra...

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Bombay High Court Allows Writ Petitions Challenging Mutation Entries and Revenue Records in Land Dispute — Holds That Mutation Entries Do Not Confer Title and Revenue Authorities Must Follow Natural Justice Before Making Entries Affecting Rights.

The judgment concerns two writ petitions filed by individuals challenging mutation entries made in revenue records in respect of certain lands. The pe...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Bombay High Court Quashes ULC Act Demand for Excess Land Due to Repeal and Non-Completion of Proceedings. Demand for Rs 6,09,66,477 raised under Urban Land (Ceiling and Regulation) Act, 1976 set aside as proceedings were not finalized before the Act's repeal and the land was not vested in the State.

The petitioners, nine individuals, filed a writ petition challenging a demand of Rs 6,09,66,477 raised by the District Collector and Competent Authori...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...