Search Results for "Limitation Act, 1908"

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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High Court of Karnataka Allows Land Acquisition Reference Petitions, Holding That Dismissal for Non-Prosecution Without Considering Merits Is Not Permissible Under Section 18(1) of the Land Acquisition Act, 1894. The Civil Court Has Inherent Power to Restore Such References Under Section 151 CPC.

The judgment concerns multiple civil revision petitions filed by landowners (petitioners) against orders of the Senior Civil Judge at Koppal dismissin...

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Bombay High Court Allows SFC Petition Against Guarantors Under Section 31(1)(aa) of SFC Act, 1951 — Guarantors Liable Despite Company's Winding Up. Guarantee is a separate contract and liability of guarantor is co-extensive with principal debtor under Section 128 of Indian Contract Act, 1872.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951 ag...