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Supreme Court Dismisses Union of India's Appeal in Sealed Cover Promotion Case — Prosecution for Criminal Charge Must Be Pending Before Court to Invoke Sealed Cover Procedure. OM dated 14.09.1992 Clause (iii) Requires Actual Pendency of Criminal Prosecution, Not Mere Investigation or Sanction.

The case involves an appeal by the Union of India against the judgment of the Delhi High Court which upheld the order of the Central Administrative Tr...

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Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly.

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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Madras High Court Allows Writ Petitioner Seeking Mandamus for Land Survey and Demarcation. Pendency of Second Appeal Without Interim Order Does Not Justify Delay in Conducting Survey Under Article 226 of the Constitution of India, 1950.

The case involved a writ petition under Article 226 of the Constitution of India filed by Rajalakshmi seeking a writ of mandamus directing the Tahsild...

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High Court of Bombay Holds Second Appeal by Pendente Lite Purchasers Maintainable. Purchasers Entitled to Appeal Against Appellate Decree Favoring Defendants Under Order XXII Rule 10 CPC.

The dispute concerned title and possession of a suit house. The original plaintiff, Sonuji Maharuji Raut, filed Regular Civil Suit No. 295 of 1982 aga...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

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Bombay High Court Allows Second Appeal in Injunction Suit Involving Lis Pendens Transfer. Transfer of Suit Property During Pendency of Appeal Attracts Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882.

The respondent filed a suit for injunction against Mohd.Osman, which was decreed on 1.4.2006. Mohd.Osman appealed on 15.4.2006. During the pendency of...

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Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...