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High Court of Karnataka Dismisses Appeal Challenging DICGC Act Provisions in Cooperative Bank Deposit Insurance Dispute. Sections 18A(5) and 21(3)(4) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, held constitutional and not arbitrary.

The appellant, Sri G.K. Gururaja Rao, Secretary of Sri Guru Raghavendra Sahakara Bank Niyamitha, filed a writ petition under Article 226 of the Consti...

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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...

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Madras High Court Allows Exclusion of Third Party Lands from Auction Sale in Company Liquidation — Official Liquidator Cannot Sell Properties Not Owned by Company. Applicants Established Title Through Patta and Chitta, Entitled to Exclusion Without Setting Aside Auction.

The case involves multiple company applications filed by S. Mahendran and K. Singili (applicants) against the Official Liquidator and the Administrato...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Suit Challenging Transfer of Flat by Executors Before Probate. The court set aside the trial court's order appointing a Receiver and remanded the matter for fresh consideration of balance of convenience.

The appeals arose from an order dated 13 March 2014 of the learned Trial Judge in a notice of motion taken out by the plaintiffs in a suit seeking to ...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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Bombay High Court Upholds Capital Gains Treatment for Land Sale by Estate Administrator — Assessee Not a Trader in Land. Surplus from sale of inherited land held as capital gain, not business income, under Income Tax Act, 1961.

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue, challenging the Tribunal's decision th...

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Bombay High Court Dismisses Appeal Against Heirship Certificate Issued to Widow Under Bombay Regulation VIII of 1827. Court holds that brother and sisters' children are not necessary parties in heirship proceedings and that the widow's marriage certificate is sufficient proof of marriage.

The case concerns an appeal against an order dated March 3, 2005, passed by the learned Testamentary Judge of the Bombay High Court, issuing an heirsh...