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Supreme Court Allows Appeal of Auction Purchaser in SARFAESI Act Case — High Court Erred in Entertaining Writ Petition Despite Alternative Remedy. Restoration of Securitization Application After Full Payment and Sale Certificate Issuance Held Improper.

The appeal arises from an order of the Division Bench of the High Court for the State of Telangana at Hyderabad, which set aside the DRT's order dismi...

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Supreme Court Sets Aside Himachal Pradesh High Court Order Allowing Tender Revival Amidst Alleged Irregularities. Supreme Court quashes High Court's decision, imposes heavy costs on HIMUDA for collusion and misuse of legal process.

The Supreme Court has quashed the Himachal Pradesh High Court's order that permitted the revival of a tender initially canceled due to alleged irregul...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Found 50% Negligent for Collision with Tata Magic, Reducing Claimants' Award Proportionately Under Motor Vehicles Act, 1988.

The present appeal was filed by M/s Shriram Insurance Company Ltd., the insurer of the Tata Magic vehicle, challenging the judgment and award dated 06...

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Bombay High Court Dismisses Appeal Against CLB Order in Company Law Dispute Over Share Transfer and Oppression. Court upholds CLB's refusal to dismiss petition under Section 397/398 of Companies Act, 1956, finding prima facie case of oppression and mismanagement.

The judgment arises from a company appeal filed under Section 10F of the Companies Act, 1956, by M/s. Gharda Chemicals Limited and others against an o...

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Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...