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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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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 302, 307, 201 IPC set aside as sole eyewitness's testimony was inconsistent and not supported by other evidence.

The appellants, Jafar Khijar Sheikh and Sumit Appa @ Prakash Gawali, were convicted by the District Judge-10 and Additional Sessions Judge, Pune in Se...

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Bombay High Court Dismisses Appeal Against Order Partially Rejecting Amendment in Section 34 Petition Under Arbitration Act — Amendment Sought After Limitation Period Not Allowed as It Would Introduce New Grounds Beyond Scope of Section 34.

The Appellant, Oil & Natural Gas Corporation Ltd. (ONGC), filed a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 8 Application in Suit for Declaration of Deed as Void. Arbitration Clause in Agreements Held Not Applicable to Challenge to Registered Conveyance Deed as It Is Not a Dispute Arising from the Agreements.

The petitioners, original plaintiffs, filed S.C. Suit No.1512 of 2021 before the Civil Judge, Senior Division at Vadgaon, Pune, seeking a declaration ...

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Bombay High Court Dismisses Revision by Bharat Petroleum Corporation Ltd. in Lease Eviction Case — Lease Expired by Efflux of Time, No Renewal, Tenancy Terminated Under Section 106 of Transfer of Property Act, 1882.

The case involves a civil revision application filed by Bharat Petroleum Corporation Ltd. (the applicant/original defendant) against a judgment and or...

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Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

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Bombay High Court Allows Appeal in Murder Case Due to Non-Compliance with Section 313 CrPC — Chemical Analyzer Report Not Put to Accused. Failure to Put Incriminating Circumstance to Accused During Examination Under Section 313 CrPC Renders Conviction Unsustainable.

The appellant, Roshan Lilhare, was convicted by the Sessions Court, Nagpur for the murder of his brother Munesh Lilhare under Section 302 IPC and for ...