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Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Civil Application Seeking Recall of Compromise Decree in Second Appeal No. 356 of 2001. Applicant Claims Prior Purchase of Suit Land and Alleges Fraud, Suppression, and Violation of Interim Orders.

The applicant filed a civil application seeking recall of an order dated 23.12.2011 by which Second Appeal No.356 of 2001 was disposed of in terms of ...

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Bombay High Court Dismisses Petition Challenging Charity Commissioner's Refusal to Stay Proceedings for Removal of Trustee. Held that the Charity Commissioner has jurisdiction to proceed with the application under Section 41-D of the Bombay Public Trusts Act, 1950 despite pending transfer application.

The petitioner, Mrs. Charu K. Mehta, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 18.11.20...

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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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S.A. No.1043 of 2013

The plaintiff filed a suit for specific performance of an agreement of sale dated 17.06.1998 concerning agricultural land in Ernapuram Village, Salem ...

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Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

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High Court of Bombay at Aurangabad Hears Appeals in Gang Rape Case; Convicts Challenge Conviction and State Seeks Enhancement of Sentence. Accused Were Convicted Under Sections 376(2)(g) and 366 IPC for Gang Rape of Two Minor Girls and Sentenced to 10 Years Rigorous Imprisonment.

Criminal appeals arising from the judgment of the Sessions Court, Parbhani, in Sessions Case No. 121 of 1994 were taken up by the High Court of Judica...