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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Property by Co-operative Bank Under Section 101 of Maharashtra Co-operative Societies Act, 1960 — Auction Sale Confirmed Despite Alleged Irregularities as Petitioner Failed to Prove Fraud or Collusion.

The petitioner, M/s. Priyesh Land Developers, a partnership firm, filed a writ petition challenging the auction sale of its property by the respondent...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Madras High Court Dismisses Appeals Against Conditional Stay of Arrest Order in Execution Proceedings. Condition Requiring Deposit of 25% of Arbitral Award Amount Upheld as Not a Finding on Means; Execution Court to Determine Means (Paras 20-25).

The dispute arose from an arbitration award dated October 23, 2019, under which the appellant, a tenant, was directed to pay approximately Rs. 1.80 cr...

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Bombay High Court Quashes Preventive Detention Orders in Habitual Offender Case — Police Action Under Section 151 CrPC Found Without Proper Material. Arrest for Having Tea at Roadside Stall Not Justified as Imminent Offence Under Section 151 CrPC, and Bond Under Section 116 CrPC Ordered Without Inquiry.

The petitioner, Vijay Lahu Patil, was arrested on 22 February 2013 at around 11 am while having tea near Shivaji University in Kolhapur. The police, l...

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Bombay High Court Quashes FIR in Commercial Dispute Over Soyabean Supply — No Cheating Intent Established. Contractual Breach Without Deceitful Intention from Inception Does Not Attract Section 420 IPC.

The applicants, a partnership firm named Sagacious Impex, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing ...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...