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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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Bombay High Court Considers Writ Petition Against Order Rejecting Decree on Admission in Partition Suit Among Siblings. Trial Court's Rejection of Order XII Rule 6 CPC Application Based on Conditional Admission Under Scrutiny.

The petitioners, the original plaintiffs, and the respondent, the original defendant, are siblings who jointly inherited suit property from their pare...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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INTERIM APPLICATION NO.1767 OF 2020

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