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Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992.

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High ...

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Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

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Bombay High Court Upholds Assessee in Income Tax Reference on Clubbing of Trust Income Under Section 64(1)(vii) of Income Tax Act, 1961. Trust Created Pursuant to Divorce Decree Under Parsi Marriage & Divorce Act, 1936, Constitutes Adequate Consideration, Excluding Income from Clubbing Provisions.

The case pertains to an income tax reference under section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, Behram B. Dubash. The ...

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Bombay High Court Dismisses Trust's Writ Petition in Eviction Case — Appellate Court's Reversal Upheld. Landlord Trust Failed to Establish Bona Fide Need for Suit Premises Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Ajitnath Jain Shwetambar Mandir Trust Nagpur, a trust registered under the Bombay Public Trusts Act, 1950, filed Regular Civil Suit No...

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Supreme Court Dismisses Appeal by Purchasers of Property in Bombay Rents Act Dispute Over Construction Loan. Court Holds That Claim for Recovery of Loan Advanced Under Section 18(3) of the Act Arises Out of Act, Vesting Exclusive Jurisdiction in Court of Small Causes Under Section 28.

The litigation arose from a dispute over a construction loan and the consequent failure to grant tenancy, which brought into question the jurisdiction...

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High Court Dismisses Appeal Against Winding-Up Order in Bond Default Case; Upholds Adverse Remarks Against Directors for Fund Diversion. Company Found Unable to Pay Debts and Substratum Lost, Justifying Winding Up Under Sections 433(e) and 433(f) of Companies Act, 1956.

The appeal arose from a winding-up order passed by the learned company Judge against Zenith Infotech Limited (the appellant) in a petition filed by Th...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...