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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Orders Removal of Executors for Mismanagement of Estate in Testamentary Succession Case. Executors Invested Estate Funds in Unauthorized High-Risk Deposit with Friend's Company, Breaching Fiduciary Duty.

The case concerns a petition filed by Ramesh Jairamdas Jaising, a beneficiary under the last Will and Testament of Ms. Jaiwantiben Jairam Jaising (dec...

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Bombay High Court Allows Petition Challenging Rejection of Objections to Nomination in Cooperative Society Election. Removal from Managing Committee Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960 Disqualifies Candidates from Contesting Election to Board of Directors.

The petitioners, Irshad Abdul Sattar Deshmukh and Rama Seva Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Recalls Order in CBI Revision Application Due to Non-Compliance with Natural Justice - Applicant Not Heard Before Adverse Order. The court held that an order passed without hearing a necessary party violates natural justice and must be recalled under Section 362 Cr.P.C.

The applicant, Mr. Ashok Chavan, was an accused in Special Case No. 42 of 2012 pending before a Special Judge, facing trial for offences under Section...

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Bombay High Court Dismisses Copyright Infringement Suit Against Film 'Baaghi' — No Substantial Similarity Found Between Plaintiffs' and Defendants' Works. The court held that similarities were at the level of general ideas, not protectable expression under the Copyright Act, 1957.

The Plaintiffs, XYZ Films LLC, PT Merantau Films, and Sikhya Entertainment Private Limited, filed a copyright infringement suit against UTV Motion Pic...

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Bombay High Court Dismisses MSFC's Petition Challenging DRAT Order Granting Cross-Examination in Loan Recovery Case. Right to Cross-Examine Affidavit Deponent Is a Valuable Right Not Barred by Rule 12(6) of DRT Procedure Rules.

The petitioner, Maharashtra State Financial Corporation (MSFC), filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...