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Bombay High Court Hears Suit by Trustees of Public Charitable Trust for Declaration of Ownership of Suit Properties Under Maharashtra Public Trusts Act, 1950. Defendant's Probate-Based Claim to Trust Properties and Alleged Trespass Prompted Suit for Declaration and Permanent Injunction.

The dispute arose between the trustees of the Banaji Limji Agiary Trust, a public charitable trust registered under the Maharashtra Public Trusts Act,...

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Supreme Court Upholds NCLAT Decision Setting Aside NCLT Orders Approving Resolution Plans for Earth Infrastructures Limited. Dispute Involves GNIDA's Claim Over Land Leased to Special Purpose Company and Its Subsidiaries, and the Validity of Resolution Plans Under IBC.

The Supreme Court of India heard a batch of civil appeals arising from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 30.01.2...

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Supreme Court Allows Appeal in Specific Performance Case — High Court Erred in Reversing Concurrent Findings on Bona Fide Purchaser Defence. Transfer of Property Act, 1882 Sections 41 and 52 interpreted; lis pendens applies to transfers during pendency of injunction suit.

The appeal arises from a suit for specific performance of an agreement to sell dated 10.11.2002 for 16 kanals of land for Rs. 8 lakhs, with Rs. 2.50 l...

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Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

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High Court Quashes FIR: Civil Dispute Misinterpreted as Criminal Offense. Justice prevails as the Court clarifies the distinction between civil and criminal liability.

The Bombay High Court (Aurangabad Bench) quashed the FIR and criminal proceedings against applicants, emphasizing the civil nature of the dispute and ...

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Supreme Court Allows Appeal Against Dismissal of Quashing Petition in Agreement to Sell Dispute — Civil Nature of Transaction Precludes Criminal Prosecution. Breach of Contract Does Not Attract Offences Under Sections 406 and 420 IPC Without Fraudulent Intent at Inception.

The present appeal arose from a judgment of the Allahabad High Court dismissing an application under Section 482 CrPC filed by the appellants, Kunti a...

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Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...