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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Nagpur Bench Reviews Industrial Court's Finding of Unfair Labour Practice Against Employer for Denying Permanent Status to Temporary Workers. Court Examines Whether Completion of 240 Days of Continuous Service Under Model Standing Orders Mandates Confirmation.

This batch of writ petitions was filed by Mahindra and Mahindra Ltd. and one employee before the Bombay High Court, Nagpur Bench, challenging a common...

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Bombay High Court Allows Revision Application of Co-defendant in Suit for Declaration and Injunction — Deletion of Party Ordered Under Order 1 Rule 10 CPC. Co-defendant Against Whom No Relief Claimed is Not a Necessary Party.

The case involves two civil revision applications arising from a suit filed by Vidharbha Enterprises (plaintiff) against the Union of India and BSNL (...

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Bombay High Court Quashes Senior Citizen Tribunal Order Against Daughter-in-Law Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Daughter-in-Law Not a 'Relative' Under Section 2(d) of the Act, Tribunal Lacks Jurisdiction.

The petitioner, Ranjana Rajkumar Makharia, is the daughter-in-law of respondent No.1, Mayadevi Subhkaran Makharia. The respondents are the petitioner'...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

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High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...