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Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The dispute pertains to a partition suit filed by the original plaintiffs (respondents) seeking partition of ancestral property. The appellant, defend...

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Bombay High Court Quashes Income Tax Order Under Section 281 for Lack of Notice to Transferee. Transfer of Property by Assessee Held Not Void Against Bona Fide Purchaser Without Notice of Pending Proceedings.

The petitioner, Nitin Nagarkar, purchased a land and farm house at village Bawdhan, Pune, vide a deed of conveyance dated 5th August 1997 from vendors...

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Bombay High Court Dismisses DRI's Challenge to Settlement Commission Order in DEPB Scheme Case — No Liability for Alleged Overvaluation. Settlement Commission's finding of no fraud or misrepresentation by exporter upheld as finding of fact not open to interference under Article 226.

The Directorate of Revenue Intelligence (DRI) filed a writ petition under Article 226 of the Constitution of India challenging an order dated 6 March ...