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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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Bombay High Court Dismisses Writ Petition Challenging Forfeiture of Land Transferred in Violation of Ceiling Act. Exchange of Ceiling Surplus Land Without Collector's Sanction Under Section 29 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 is Void and Forfeiture Upheld.

The petitioner, Smt. Jahedabi wd/o Abdul Wahab, filed a writ petition challenging the forfeiture of Field Survey No. 17/2, area 1 Hectare 68 R, situat...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Grants Interim Injunction in Shareholder Dispute — Restrains EGM and Share Transfers. Serious questions arise regarding validity of share transfers and removal of directors under Companies Act, 2013, warranting preservation of status quo.

The present interim application arises out of a commercial suit filed by Desai Hospitals Ventures LLP and another (plaintiffs) against DHI Global Hold...

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Gujarat High Court Allows Appeals in Tenancy Suo Moto Revision Case — Limitation Not Applicable to Section 84C Powers. Concurrent findings of fact by revenue authorities cannot be interfered with under Article 227 unless perverse.

The case involves a set of intra-court appeals (Letters Patent Appeals) filed against a common judgment dated 21.11.2016 passed by a learned Single Ju...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...