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High Court of Judicature at Bombay Scrutinizes Validity of Auction Sale in Execution Proceedings Due to Notice Irregularities. Compliance with Order XXI Rule 66(2) CPC and Affixing of Proclamation on Court-House Examined in Appeal Against Confirmation of Sale.

The appeal arose from an order of the City Civil Court dismissing a notice of motion seeking to set aside an ex parte decree and the subsequent auctio...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Adjudicates Writ Petition Filed by Builder Challenging Sealing of Property Under Enemy Property Act, 1968. Court Examines Legality of Order Passed by Deputy Secretary and Custodian After Earlier Withdrawal of Enemy Property Proceedings.

The petitioner, a partnership firm engaged as builder and developer, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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High Court Upholds Auction Sale of Cooperative Bank Property; Dismisses Challenges on Grounds of Adequate Upset Price and Proper Procedure. Court Holds that Modification of Auction Condition to Negotiate Only with Highest Bidder is Permissible and Allegations of Fraud and Collusion are Unsubstantiated.

The High Court of Judicature at Bombay, Bench at Aurangabad, heard three writ petitions filed by different petitioners challenging the auction sale of...

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Bombay High Court Allows Husband's Appeal for Annulment of Marriage Due to Suppression of Incurable Skin Disease by Wife. Fraudulent Concealment of Material Facts Renders Marriage Voidable Under Section 12(1)(c) of Hindu Marriage Act, 1955.

The appellant husband, Mayank Malhotra, filed two appeals under Section 19 of the Family Courts Act, 1984, challenging a common judgment dated 23.07.2...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...