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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Supreme Court Allows Direct Recruit District Judge's Claim for Seniority Over Promotees in Kerala Higher Judicial Service. Notional Seniority Granted from Date of Initial Appointment of Other Direct Recruits in Same Selection.

The case involves a dispute over seniority between direct recruit District Judges and promotees appointed by transfer in the Kerala Higher Judicial Se...

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Bombay High Court Dismisses Petition Challenging Tribunal Order in Seniority Dispute — Seniority List Must Include All Eligible Employees as on Cut-off Date.

The petitioner, Dr. Sanjay Atmaram Gaikwad, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 2/12/2009 ...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Holds Aurangabad Bench Has Jurisdiction Over Parole Rejection Order Passed at Nashik Central Prison — Reference Answered in Favor of Respondent Prisoner. Territorial Jurisdiction Determined by Place of Confinement and Communication of Order, Not Solely by Location of Prison Authority.

The case arose from a reference made by a division bench of the Bombay High Court at Aurangabad regarding its territorial jurisdiction to entertain a ...