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Karnataka High Court Quashes Assistant Commissioner’s Order Cancelling Gift and Sale Deeds Under Senior Citizens Act. Absence of Condition for Maintenance in Gift Deed Renders Section 23 Inapplicable, Bona Fide Purchaser’s Rights Protected.

The petitioner, a subsequent purchaser of immovable property, challenged an order passed by the Assistant Commissioner under the Maintenance and Welfa...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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Supreme Court Upholds Gauhati High Court Decision Striking Down Assam Rural Health Regulatory Authority Act, 2004 for Repugnancy with Indian Medical Council Act, 1956. Diploma in Medicine and Rural Health Care Held to Be a Medical Qualification Requiring Central Permission Under Section 10A of IMC Act.

The case involves appeals against the Gauhati High Court's judgment striking down the Assam Rural Health Regulatory Authority Act, 2004. The Assam Act...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Madras High Court Dismisses Challenge to Land Acquisition Under NH Act for Highway Widening — Removal of Difficulties Order 2015 Upheld. NH Act, 1956 prevails over 2013 Act; technical approval not a condition precedent for Section 3-A notification.

The judgment concerns three writ petitions filed by landowners challenging the land acquisition proceedings for the four-laning of National Highway 74...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Division Bench of Karnataka High Court Hears Challenge to Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 by Temple Trusts. Petitioners Allege Amendment Is Discriminatory and Violative of Fundamental Rights Under Constitution.

The petitioners, comprising 64 Hindu religious institutions and charitable trusts from various districts of Karnataka, filed writ petitions under Arti...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...