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Karnataka High Court Dismisses Writ Appeal in Electricity Connection Dispute - Precondition of Payment of Arrears Upheld. Subsequent purchaser of property cannot escape liability for arrears of electricity charges under Section 43 and Section 56 of Electricity Act, 2003.

The appellant, OPG Power Generation Pvt. Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petition. The appel...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Bombay High Court Allows Borrowers' Challenge Against DRT Orders Rejecting Interim Relief Despite Pending IBC Section 95 Petition. Interim Moratorium Under Section 96 IBC Bars Continuation of Securitisation Proceedings During Pendency of Insolvency Petition.

The petitioners, M/s. Kapole Advertising Agency and others, were the original borrowers who had approached the Bombay High Court challenging two order...

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Bombay High Court Examines Validity of Deemed Membership under Maharashtra Cooperative Societies Act. Transfer of Leasehold Plot through Auction Challenged as Violative of Society Byelaws and Lease Deed Conditions.

The Writ Petition arises from a dispute concerning deemed membership in a cooperative housing society. The petitioner, The Sopan Baug Cooperative Hous...

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Madras High Court Allows Bank's Writ Petition for Registration of SARFAESI Sale Certificate Despite Prior Sale Deeds by Mortgagor. Sub-Registrar Directed to Register Sale Certificate as Unauthorised Sales by Mortgagor Do Not Bind Secured Creditor.

The case involved a writ petition filed by Canara Bank under Article 226 of the Constitution seeking a mandamus to direct the Sub-Registrar, Kelamanga...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

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High Court of Bombay Allows Second Appeal in Eviction Case Under Transfer of Property Act, Setting Aside Decree for Forfeiture of Tenancy. Mere Denial of Derivative Title by Tenant Held Not to Constitute Forfeiture Under Section 111(g); Suit Dismissed for Lack of Rent Controller Permission.

The dispute arose from a suit for eviction filed by the respondent-landlady, who had purchased a property from a trust, against the appellant-tenants ...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Alternative Remedy Under Section 17 SARFAESI Act Available. Possession Notice Defect Does Not Vitiate Auction Sale After Confirmation; Auction Purchaser's Title Upheld.

The petitioners, Janakalyan Sahakari Bank Limited and Mohanish Rajak, filed a writ petition under Article 226 of the Constitution of India challenging...