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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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Bombay High Court Dismisses Plaintiff's Suit Seeking Removal of Managing Director on Ground of Age Limit Under Companies Act, 2013. Section 196(3)(a) of Companies Act, 2013 Held Not Retrospective and Does Not Automatically Terminate Existing Appointments.

The plaintiff, a director of Ultramarine & Pigments Limited, filed a suit seeking an order to restrain the 2nd defendant, the Chairman and Managing Di...

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High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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Bombay High Court Dismisses Revision Against Order to Deposit Arrears in Eviction Suit Filed by Trust Against Former Employee. Court Holds That Small Cause Court Has Jurisdiction Over Eviction Suits Filed by Landlords Against Licensees Under Maharashtra Rent Control Act, 1999.

The respondents, as trustees of M.F. Cama Ahornan Institute and M.M. Cama Education Fund, filed L.E. Suit No.96/143 of 2008 in the Court of Small Caus...

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Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition for Hindustan Petroleum Corporation Due to Lack of Locus Standi. Petitioner Failed to Prove Ownership or Possession of the Acquired Land Under the Land Acquisition Act, 1894.

The case involves a writ petition filed by Fakhruddin s/o Hyderali (since deceased, represented by his legal heir Mustafa Fakhruddin Ambawala) challen...