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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Quashes Second FIR in Criminal Breach of Trust Case — Proceedings Based on Same Facts as Earlier FIR Amount to Abuse of Process of Law. Second FIR on Identical Allegations by Co-Accused Not Maintainable Under Section 482 CrPC.

The petitioner, Pawan Lodha, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Cri...

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Bombay High Court Quashes Second FIR in Narcotics Case as Part of Same Transaction. Second FIR Based on Accused's Disclosure During Custodial Interrogation Quashed Under Section 482 Cr.P.C.

Background: The petitioner, a British national, was facing two FIRs under the Narcotic Drugs and Psychotropic Substances Act, 1985. The first FIR (No....

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Bombay High Court Adjudicated Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Arbitral Award in Lease Finance Dispute. The Award Held Lessee Liable for Tax Demands Arising from Disallowance of Depreciation Under Income Tax Act, 1961.

The matter pertains to an arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicatur...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Property Dispute. Res Judicata and Limitation Grounds Not Applicable as Earlier Co-operative Court Judgment Was Set Aside and Subsequent Civil Suit Involves Different Cause of Action.

The petitioner, Ganesh Keshav Patole, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30 March 2016 pa...

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High Court of Bombay Disposes of Writ Petition Concerning Stop-Work Notice for Construction Project. Dispute Centered on Measurement of Land and Prior Court Order Permitting Construction at Developer's Own Risk.

The litigation concerns a construction project undertaken by M/s.Shantai Group, a builder-developer partnership firm, in Pimpri-Chinchwad, Pune. The d...