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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Bombay High Court Quashes Execution Order in Favor of Judgment Debtor Due to Bar of Limitation Under Article 136 of Limitation Act, 1963. Arbitral Award Dated 18.01.2010 Filed for Execution in 2023 Held Time-Barred; Filing of Section 34 Application Does Not Extend Limitation.

The writ petition was filed by the Amravati District Central Co-operative Bank Ltd., the judgment debtor, challenging two orders passed by the 8th Joi...

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Bombay High Court Grants Probate to Deceased Wife's Will in Testamentary Suit Filed by Husband. Sons' Allegations of Forgery, Undue Influence, and Mutual Will Irrevocability Fail; Court Holds Due Execution Proved Under Indian Succession Act, 1925.

The plaintiff, husband of the deceased Vilasgauri Manilal Doshi, filed a testamentary suit seeking probate of his wife’s will dated 15 April 1970. T...

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No Limitation for Cooperative Society Dues: Bombay High Court Affirms Recovery from Flat Occupants under Section 154B-29 MCS Act

The Bombay High Court dismissed writ petitions challenging recovery certificates issued by a cooperative housing society for long-pending maintenance ...

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KAHC010792792011_1

Background: The dispute centered around two agricultural lands in Kenchanahalli village originally owned by one Siddagirigowda. His first wife Thopamm...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Judicature at Madras Considers Writ Petition Against Order of Industrial Tribunal Rejecting Plea for Award on Majority Settlement. Industrial Tribunal Found Majority Settlement Voluntary but Held It Not Binding on Non-Signatory Union Members Under Industrial Disputes Act, 1947.

The management of Caterpillar India Private Limited, a multinational manufacturing off-road vehicles, and its recognized union, Caterpillar India Priv...