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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Bombay High Court Upholds Restitution of Conjugal Rights Decree for Husband in Mohomedan Law Case — Wife’s Cruelty Defence Rejected as Unsubstantiated. Wife Failed to Prove Cruelty Under Section 281(2) of Mohomedan Law to Defeat Husband’s Suit for Restitution of Conjugal Rights.

The dispute arose from a Muslim marriage solemnized on 03.05.2014. The husband filed a petition under Section 281(1) of Mohomedan Law for restitution ...

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Bombay High Court Quashes AGRC Order in Slum Rehabilitation Dispute — Consent Terms Binding on Successor Developer. Petitioners' Entitlement to Two Shops of 409 Sq Ft Each Upheld Based on Consent Terms in Suit No.1994 of 2008.

The petitioners, Alphonso D'Souza and Vanessa D'Souza, filed a writ petition challenging an order dated 5th January 2022 passed by the Apex Grievances...

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Bombay High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court Holds That Plaintiffs Failed to Prove Title and Possession Over Suit Property, and That the Trial Court Erred in Decreeing the Suit Without Proper Consideration of Evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over agricultural land. Th...

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Supreme Court Dismisses Appeal Against Auction Sale Under Tamil Nadu Revenue Recovery Act, 1864 — Failure to Challenge Sale Under Sections 37-A or 38. Appellant's challenge to auction notice without challenging the subsequent sale held not maintainable.

The case pertains to an appeal against the judgment of the Madras High Court dismissing the appellant's challenge to a public auction notice issued un...

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Bombay High Court Dismisses Appeal Against Refusal to Enforce Foreign Arbitral Award Under Section 50(1)(b) of Arbitration & Conciliation Act, 1996 — Award Not Binding on Non-Signatory Respondents as They Were Not Parties to Arbitration Agreement.

The appellant, Integrated Sales Services Limited (ISSL), a Hong Kong company, entered into a Representation Agreement on 18th September 2000 with DMC ...