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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Petition in Cooperative Housing Society Dispute — Developer Directed to Pay Occupation Charges and Hand Over Possession of Amenity Space. Society's claim for amenity space upheld under Maharashtra Cooperative Societies Act, 1960 and Development Control Regulations.

The petitioner, Shivraj Nagar Co-op. Hsg. Soc. Ltd., a cooperative housing society, filed a writ petition against the developer, M/s. Mexttech Realty ...

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Bombay High Court Reviews Revenue Entries on Liquidation Auction Property. Challenge to Mutation Entries Without Notice Under Maharashtra Land Revenue Code Section 150 and IBC Sale Free from Encumbrances.

The writ petition arose from a dispute over revenue entries recorded by the Tahsildar against immovable properties purchased by the petitioner in a li...

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Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

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Bombay High Court Quashes Reopening of Ceiling Proceedings Due to Inordinate Delay and Lack of Jurisdiction. Additional Commissioner's Suo Moto Revision After 15 Years Held Invalid Under Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

The petitioner, Anurat Jadhav, a resident of Salimba, filed a return under Section 12 of the Ceiling Act on 1 December 1975, showing total holding of ...

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KAHC010218752018_1

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...