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Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act....

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) and her daughter Akkatai, along with defendant No.2...

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Bombay High Court Allows Employee to Maintain Winding Up Petition as Creditor for Unpaid Salary Under Companies Act, 1956. Employee's claim for unpaid wages constitutes a debt under section 433(e) read with section 434(1)(a) of the Companies Act, 1956, entitling him to file a winding up petition as a creditor....

The judgment addresses a reference to a larger bench of the Bombay High Court on the question whether an employee can maintain a winding up petition under section 439 read with sections 433(e) and 434...

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Bombay High Court Dismisses Company Application as Not Maintainable for Lack of Leave Under Section 446(2) of Companies Act, 1956. Applicants Sought Declaration Against Depositors Management Committee Without Prior Approval of Company Court....

The judgment pertains to Company Application No.85 of 2014 filed by six applicants (Shri Kashinath R. Jhunjhunwala and others) against M/s Laxmichand Bhagaji Ltd. (Depositors Management Committee), th...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles....

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee. The appellant, Larsen & Toubro Limited, had furn...

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Bombay High Court Allows De-reservation of Plot Under Section 127 of MRTP Act for Failure to Acquire Within Time. The court held that the reservation on the petitioner's plot lapsed due to the respondents' failure to acquire the plot within the prescribed period after service of purchase notice under Section 127 of the Maharashtra Regional Town Planning Act, 1966....

The petitioner, Ashok Shriram Kulkarni, filed a writ petition before the Bombay High Court seeking de-reservation of a plot bearing CTS 339 1/A – A/B at Ashta, Sangli. The plot was reserved as No.54...

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High Court of Karnataka Allows Plaintiff's Writ Petition in Court Fee Computation Case — Gift Deed Cancellation Suit Requires Court Fee on Market Value Under Section 38 of Karnataka Court-Fees and Suits Valuation Act, 1958....

The petitioner, Asuntha D'Souza, filed a suit (O.S. No. 581/2013) seeking cancellation of a gift deed executed in favor of the respondents. The trial court, by order dated 14.08.2013, directed the pet...

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Bombay High Court Quashes Suspension Order of Headmistress Due to Inordinate Delay and Retrospective Application of Government Resolution. Director of Education's Suspension Order Set Aside as Government Resolution Dated 14.07.2016 Does Not Confer Power to Suspend Retrospectively for Acts Prior to Its Issuance....

The petitioner, Ku. Kunda Motiram Bodalkar (now Smt. Kunda Arjun Godbole), was appointed as Headmistress in Sant Shivram Maharaj Madhyamik Vidyalaya, Bhandara on 05.07.2004, and her appointment was ap...

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High Court of Bombay at Nagpur Dismisses State Bank of India's Challenge to CAT Order Directing Payment of 12% Interest on Delayed Retiral Benefits to Retired Railway Employee. Bank Held Liable for Delay in Disbursement Despite Railways Depositing Funds Timely....

The petitioner, State Bank of India, challenged the order of the Central Administrative Tribunal (CAT), Nagpur, dated 03/05/2013, which directed the bank to pay interest at 12% per annum on the delaye...