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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Dismisses Revision Filed by Brother-in-Law Against Order Granting Right of Residence to Widow and Minor Son Under Domestic Violence Act. Statutory Right of Residence in Shared Household Cannot Be Defeated by a Will Under Section 17 of Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Ashish Chauhan challenging the judgment and order dated 17.8.2022 passed by the Additional ...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Possession Due to Non-Compliance with Order 2 Rule 2 CPC. Plaintiffs Failed to Disclose Earlier Agreement for Sale, Barring Subsequent Suit for Specific Performance.

The appellants, original defendants, challenged the judgment and decree dated 14th October 2008 passed by the learned Civil Judge, Senior Division, Ka...

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Bombay High Court Considers Quashing of FIR Against Trustees for Alleged Misappropriation of Trust Land. Absence of Dishonest Intention and Individual Ownership of Sold Property Raised to Negate Offences Under Sections 420, 406, 467, 471 IPC and Sections 66A, 67 MPT Act.

The case involved two criminal applications filed by former office-bearers of a public trust before the Bombay High Court seeking quashing of an FIR a...