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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Quashes Customs Demand Against Ex-Director for Company Dues — No Personal Liability Without Statutory Provision. Section 142(1)(c)(ii) of Customs Act, 1962 does not authorise recovery from a former director who ceased to be associated with the company before the demand.

The petitioner, Purshottam Das Gupta, an 86-year-old senior citizen, was formerly a director of Sujata Verbatim Limited (later renamed PDG Infotech Li...

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Bombay High Court Dismisses Contempt Petition Against Employer in Contract Labour Abolition Case. Termination of Contract Workers After Expiry of Contract Period Does Not Violate Interim Order as Order Only Maintained Status Quo During Pendency of Writ Petition.

The petitioner, General Employees Association, a registered trade union under the Trade Unions Act, 1926, representing contract labourers employed by ...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award on Regularisation of Canteen Workers. Contract Labour System Upheld as Genuine, Not a Sham, and Workers Not Entitled to Direct Employment by Principal Employer.

The judgment arises from a writ petition filed by Contract Laghu Udyog Kamgar Union challenging an award of the Industrial Tribunal dated 19th March 2...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment in Contract Suit — Order 1 Rule 10 CPC Allows Addition of Party for Effective Adjudication Without Prejudice to Plaintiff.

The petitioner, M/s. Devchand Constructions, filed a suit (Special Civil Suit No.22/2003/A) against the Board of Trustees of the Port of Mormugao (res...

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High Court Dismisses Developer's Petition for Interim Relief and Arbitrator Appointment in Redevelopment Dispute -- Section 9 and Section 11 of Arbitration Act Applications Denied

The High Court dismissed both petitions filed by Petitioner against Respondents -- The Petitioner sought interim measures under Section 9 of the Arbit...

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NCLAT Hears Appeal Against NCLT Order in Byju's Insolvency Case — NCLT Set Aside CoC Reconstitution and Reclassification of Creditor. Appeal Filed by Suspended Director and Promoter Under Section 61 of IBC Challenges Validity of NCLT Directions.

The appeal was filed by Byju Raveendran, the suspended director and promoter of M/s Think and Learn Pvt. Ltd., under Section 61 of the Insolvency and ...

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High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...