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Bombay High Court Hears Appeal Against Dismissal of Suit as Barred by Limitation in Benami Transaction Dispute. Preliminary Issues Under Section 9A CPC Involved Bar of Benami Act and Limitation.

The appeal before the Bombay High Court arose from the dismissal of Suit No.777 of 2014 by a learned Single Judge on the ground of limitation. The app...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. Conviction under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act set aside as prosecution failed to prove dowry demand and harassment soon before death.

The case involves appeals against conviction for dowry death and related offences. The deceased, Sunita, was married to accused no.2 (Digambar) and di...

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Madras High Court Quashes TNPSC Show Cause Notices for Lack of Jurisdiction in Caste Certificate Verification — University, Not TNPSC, Is Competent Authority Under G.O.Ms.No.100

The case involves a batch of writ petitions filed by candidates who were selected by the Tamil Nadu Public Service Commission (TNPSC) for various post...

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Plaintiff Prefers First Appeal Against Trial Court’s Partial Decree in Specific Performance Suit. Trial Court Had Denied Specific Performance Due to Public Policy and Fabricated Receipts, Granting Only Refund of Admitted Advance.

The dispute originated from a suit for specific performance of two sale agreements dated January 6, 2003, concerning 8 acres of land in Salem District...

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"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...

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Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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Bombay High Court Allows Withdrawal of Deposited Amount in Summary Suit for Recovery of Debt. Plaintiff entitled to withdraw amount deposited by defendant as condition for leave to defend, subject to furnishing security.

The plaintiff, SKF India Ltd., filed a summary suit against the defendant, Banarasi Lal Madan, for recovery of Rs. 1,28,80,060.87 based on invoices, a...

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Bombay High Court Dismisses Winding Up Petition by Association Against Member Company for Unpaid Guarantee Amounts. Association's claim for winding up under Sections 433 and 434 of Companies Act, 1956 fails as debt is disputed in good faith and substantial dispute exists.

The petitioner, Travel Agents Federation of India, an association of travel agents, filed a winding up petition under Sections 433 and 434 of the Comp...