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Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

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Bombay High Court Dismisses BPCL's Challenge to Service Tax on Port Storage Charges. Storage charges collected by Mumbai Port Trust from BPCL for storing petroleum products are taxable as 'port services' under Section 65(105)(zzl) of the Finance Act, 1994.

The petitioners, Bharat Petroleum Corporation Limited (BPCL) and its Territory Manager, filed a writ petition challenging the demand of Service Tax by...

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Bombay High Court Allows Compassionate Appointment to Widow Despite Government Policy on Family Size - Policy Cannot Override Humanitarian Considerations in Exceptional Circumstances

The petitioner, Firdous Mohammad Yunus Patel, was the second wife of Mohammad Yunus Patel, a police constable who died in a burn accident in 2008 alon...

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Bombay High Court Dismisses Bank's Delay Condonation Application in Commercial Appeal Due to Lack of Diligence. Delay of 579 days not condoned as bank failed to follow up with advocate who was ill.

The appellant, Bank of India, filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 579-day delay in filing a com...

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Bombay High Court Dismisses Petition Challenging 40% Cut-off in Viva-Voce for Judicial Service Recruitment. Rule requiring minimum 40% marks in interview for SC candidates held valid under Article 14.

The petitioner, Vrushali Vilas Kuchekar, an advocate enrolled in 2009 and belonging to the Scheduled Caste, applied for the post of Judicial Magistrat...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...