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Supreme Court Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Revision in Trust Property Dispute — Civil Court Jurisdiction Not Ousted by Bombay Public Trusts Act. Suit for Declaration of Ownership and Injunction Maintainable as Dispute Involves Title, Not Just Trust Administration.

The petitioners (original defendants) filed a civil revision application challenging the order of the District Court which set aside the trial court's...

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High Court of Karnataka Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Appellant failed to prove title and possession; courts below rightly dismissed suit for declaration and injunction.

The appellant, Sri G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and de...

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Karnataka High Court Dismisses Second Appeal in Land Title Dispute — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove title and possession; courts below correctly held that suit was barred by limitation and that revenue entries did not confer title.

The appellant, G.K. Shekharappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

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Bombay High Court Dismisses Appeal Against Official Liquidator's Report Seeking Declaration of Sale as Null and Void in Company Liquidation. Transfer of Leasehold Rights by Company in Liquidation Without Court Sanction Held Invalid Under Section 536(2) of Companies Act, 1956.

The appeal arose from a judgment of the learned Company Judge allowing the Official Liquidator's report seeking a declaration that the sale of immovab...

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High Court of Bombay at Goa Dismisses Appeal in Land Title Dispute — Appellants Fail to Prove Ownership of Suit Property. Suit for Declaration and Possession Dismissed as Appellants Could Not Establish Title Over Land Allegedly Encroached by Forest Department.

The appellants, Baburao Hirbarao Desai and others, filed a suit for declaration of title and restoration of possession against the State of Goa, the C...