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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

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High Court

Bombay High Court Dismisses Suits for Possession of Flats Filed by Co-operative Society Against Members for Want of Jurisdiction. Dispute Between Society and Member Relating to Tenancy Falls Within Exclusive Jurisdiction of Co-operative Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

28 Oct 2010

The plaintiff, Sweet Home Co-operative Housing Society Ltd., filed two suits (Suit No. 2354 of 2003 and Suit No. 2355 of 2003) in the Bombay High Cour...

High Court

Bombay High Court Allows Appeal by Administrator in Suit for Declaration of Void Lease and Possession, Setting Aside Single Judge's Order Dismissing Interim Relief on Limitation Ground. Court holds that Section 9A CPC requires preliminary issue on jurisdiction to be decided before hearing interim relief, but if court decides to hear interim relief, it must consider merits and not dismiss on limitation alone.

19 Jul 2012

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dated 19 July 2010, on a Notice of Motion for...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

High Court

Bombay High Court Directs Conditionally Leaves to Defend for Guarantors in Summary Suit, Rejecting DRT Jurisdiction and IBC Moratorium Claims. A Non-Banking Financial Institution's Summary Suit Against Guarantors is Maintainable Under Order XXXVII CPC, and Section 14 IBC Moratorium Does Not Bar Proceedings Against Guarantors.

28 Nov 2017

The plaintiff, a non-banking financial institution, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against two guarantor...

High Court

Bombay High Court Allows Appeal Against Rejection of Section 34 Application in MSMED Act Arbitration. Court Holds That Section 34 Application Is Maintainable and Limitation Period Under Section 34(3) Applies.

20 Jul 2016

The appellant, M/s. Ravindranath GE Medicate Associate Private Limited, issued a work order dated 9th January 2008 to the respondent, M/s. Clean Coats...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Application for Revocation of Leave under Clause XII of Letters Patent in Bond Trustee Suit — Defendant No.3's Presence Not Necessary for Grant of Leave as Cause of Action Arises in Mumbai. The Court held that for grant of leave under Clause XII, it is sufficient if a part of the cause of action arises within the jurisdiction; it is not necessary that the cause of action must arise against each defendant.

16 Apr 2014

The Plaintiff, The Bank of New York Mellon, London Branch, filed a suit against Zenith Infotech Limited and others seeking to declare a transaction re...

Supreme Court

Supreme Court Allows Appeal of Auction Purchaser in SARFAESI Act Case — High Court Erred in Entertaining Writ Petition Despite Alternative Remedy. Restoration of Securitization Application After Full Payment and Sale Certificate Issuance Held Improper.

10 Apr 2024

The appeal arises from an order of the Division Bench of the High Court for the State of Telangana at Hyderabad, which set aside the DRT's order dismi...

High Court

Bombay High Court Upholds Orders of In-charge Chief Metropolitan Magistrate Under SARFAESI Act in Challenge to Jurisdiction. Court Examines Whether In-charge Officer Could Validly Pass Orders Under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Citing De-Facto Doctrine.

28 Oct 2015

The writ petitions, filed under Article 226 of the Constitution of India, challenged orders passed by the In-charge Chief Metropolitan Magistrate, Mum...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract.

10 Feb 2015

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the ...

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