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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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Bombay High Court Quashes School Management Transfer Order Due to Arbitrary Exercise of Discretion and Lack of Reasons under Secondary School Code. Non-Application of Mind and Breach of Fiduciary Duty by Trustees Rendered Order Invalid; Guidelines Framed to Fill Legislative Vacuum.

The dispute arose from the transfer of management of a school run by Matoshri Bahuuddeshiya Shikshan Sanstha, Nagpur, to another society. Two writ pet...

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Madras High Court Considers Appeal in Motor Accident Case Involving Personal Accident Cover for Borrower of Vehicle. Maintainability of Claim Under Section 166 of Motor Vehicles Act, 1988 Examined.

The case arose from a motor vehicle accident in which Mr. B. Uma Shankar, while riding a borrowed two-wheeler, fell and sustained fatal injuries after...

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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 in Dispute Over Plot Allotment for Hotel Construction. Dispute arose from non-payment of balance lease premium and alleged failure to achieve milestones by CIDCO.

The petitioner, Discovery Properties & Hotels Pvt. Ltd., filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking a...

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Bombay High Court Dismisses Election Petitioner in Representation of the People Act, 1951 Case — Alleged Corrupt Practice of Bribery Not Proved. Seizure of Rs. 50 Lakhs in Candidate's Vehicle Without Evidence of Offer or Distribution to Electors Held Not to Constitute Bribery Under Section 123(1)(A).

The election petition challenged the election of the respondent, the official candidate of the Bharatiya Janata Party, from the Dahisar Assembly Const...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...