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Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

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Bombay High Court Dismisses Petition Seeking Restoration of Appeal in Service Termination Case Due to Inordinate Delay and Lack of Bona Fides. Petitioner's conduct of securing benefits while neglecting appeal for 10 years disentitles him to discretionary relief under Article 227 of the Constitution.

The petitioner, a peon appointed in 1995, was orally terminated in 2006. He filed an appeal under Section 9 of the Maharashtra Employees of Private Sc...

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Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

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Supreme Court Allows Appeal of Auction Purchaser in SARFAESI Act Case — High Court Erred in Entertaining Writ Petition Despite Alternative Remedy. Restoration of Securitization Application After Full Payment and Sale Certificate Issuance Held Improper.

The appeal arises from an order of the Division Bench of the High Court for the State of Telangana at Hyderabad, which set aside the DRT's order dismi...

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Supreme Court Allows Appeal by Electricity Distribution Company in Theft Case: Parallel Assessment Under Section 126 Permissible Despite Criminal Complaint Under Section 135. Assessment Under Section 126 Not Conditional on Consumer Seeking Restoration of Supply.

The case involves an appeal by West Bengal State Electricity Distribution Company Ltd. against the judgment of the Calcutta High Court which allowed t...

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Bombay High Court Dismisses Petition Challenging Forest Department's Notice on Private Forest Land. Held that lands restored under Section 22A of Maharashtra Private Forests (Acquisition) Act, 1975 retain status of reserved forest under Indian Forest Act, 1927.

The Petitioner, Sinhagad Technical Education Society, claimed ownership of lands bearing Gat Nos. 310 and 311 at village Kusgaon Budruk, Taluka Maval,...