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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Based on Compromise Between Husband and Deceased's Mother. Settlement between parties and lack of specific allegations against relatives led to quashing of FIR under Section 482 CrPC for offences under Sections 498-A, 306, 323, 504, 506 IPC.

The judgment pertains to two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No.47/2019 registered at ...

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Bombay High Court Allows Default Bail to Accused in Murder Case Due to Non-Completion of Investigation Within 90 Days. Right to Default Bail Under Section 167(2) CrPC Not Defeated by Subsequent Filing of Charge Sheet.

The petitioners, Dattatraya Ankush Pathade and Sonali Satish Wakade, were arrested in connection with Crime No.416 of 2020 registered at Shrigonda Pol...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Dismisses Writ Petition Seeking Alternate Plot — No Legal Right to Substitution Established. Co-operative society's claim for alternate land rejected as original allotment remained intact, no statutory right under Article 226 of Constitution of India.

The petitioners, Nyaya Darshan Co-operative Housing Society Ltd. and its member Chandru Tolani, filed a writ petition under Article 226 of the Constit...

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...