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Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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Bombay High Court Allows Writ Petition Challenging Discriminatory Age of Superannuation for Taluka Health Officers. Differential treatment between Taluka Health Officers and District Health Officers/Civil Surgeons regarding retirement age violates Articles 14 and 16 of the Constitution.

The petitioners, seven Taluka Health Officers employed in the Public Health Department of the Government of Maharashtra, challenged the Government Res...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection and Permission to Sue Under Section 91 CPC — Public Nuisance and Suit by Private Persons for Public Property Upheld

The petitioner, Omkar Pandit Bankar, filed a civil revision application challenging two orders passed by the Civil Judge, Junior Division, Jamner in R...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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High Court of Karnataka Hears Appeal Against Dismissal of Suit for Permanent Injunction Involving Temple Dispute. Plaintiffs Sought Injunction to Restrain Interference with Possession of Temple Premises in Residential Complex.

The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed...