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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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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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Bombay High Court Examines Claim of Automatic Lapsing of Land Reservation Under Section 49(7) of the Maharashtra Regional and Town Planning Act, 1966. Petitioners Argued That Failure to Acquire Land Within Prescribed Period After Purchase Notice Entitled Them to Release From Reservation.

The petitions arose from the reservation of land in Andheri, Mumbai, for a public garden under successive development plans. The petitioner, Mehtab La...

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Supreme Court Quashes FIR in Property Joint Venture Dispute -- Criminal Proceedings Against Appellants Set Aside as Dispute Found Civil in Nature with Arbitration Clause -- FIR Under Sections 406, 420, 467, 468 and 471 IPC Cannot Substitute Civil Remedies

The Supreme Court allowed the criminal appeal arising from Special Leave Petition (Criminal) No. 6670 of 2021 and quashed the FIR registered against t...

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Karnataka High Court Allows Land Owners’ Appeal, Remands Land Acquisition Reference for Fresh Consideration. Settlement Validity Must Be Examined Under KUDA Act and CPC, Prior Government Approval Necessary for Consent Award.

The appellants were owners of lands bearing Survey Nos.304/2A and 304/2B, measuring 11 acres 24 guntas, situated at Mahalbagayat, Vijayapura. The land...

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Bombay High Court Allows Writ Petition Challenging Rejection of Leave to Defend in Summary Suit for Recovery of Earnest Money Under Oral Agreement. Oral Agreement for Sale Does Not Fall Within Order 37 CPC Categories, Hence Unconditional Leave to Defend Granted.

The respondent-plaintiff filed Special Civil Suit No.120 of 2017 before the Civil Judge Senior Division, Pune, seeking recovery of Rs.12,00,000/- (inc...