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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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WRIT PETITION NO. 1897 OF 2012

Background: The petitioner, a Legal Advisor employed by Aurangabad Municipal Corporation, alleged that the Municipal Commissioner, Respondent No.4, ha...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...

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Bombay High Court Dismisses Petition Challenging Mutation Entries in Land Revenue Records — Mutation Entries Do Not Confer Title and Are Only for Fiscal Purposes Under the Maharashtra Land Revenue Code, 1966.

The petitioners, Shree Sai Reality, Shree Sai Infratech, and Shree Sai Buildtech, through their partner Sandeep Dindyal Aagarval, filed a writ petitio...

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High Court of Karnataka Allows Appeal in Commercial Dispute Over Arbitral Award Set Aside by Commercial Court. Court Restores Arbitral Award Holding That the Commercial Court Exceeded Its Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996 by Reappreciating Evidence.

The case involves a commercial dispute between Navayuga Engineering Company (appellant) and Bangalore Metro Rail Corporation Limited along with other ...

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Bombay High Court Quashes Interim Maintenance Order in Nullity of Marriage Case — Family Court Erred in Considering Brother's Income for Maintenance Under Section 24 of Hindu Marriage Act, 1955

The petitioner-husband filed a writ petition under Article 227 of the Constitution of India challenging an order dated 15 December 2015 passed by Fami...

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Bombay High Court Dismisses Writ Petition Challenging Cooperative Society's Maintenance Charge Demand Under Article 227. Alternative Remedy Under Maharashtra Co-operative Societies Act, 1960 Available; Petition Not Maintainable.

The petitioners, members of Link Apartment CHS Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the demand for a...