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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Upholds Will in Property Dispute, Dismisses Claims of Undue Influence and Lack of Testamentary Capacity. The court held that the propounder of a will must prove its execution and attestation, and once that is done, the onus shifts to those alleging undue influence or fraud.

The case involves a dispute over a property known as 'Sullachi Nhat' in Calangute, Goa, originally owned by Joao Francisco Lobo and his wife Joanita L...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...