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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The dispute pertains to a partition suit filed by the original plaintiffs (respondents) seeking partition of ancestral property. The appellant, defend...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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Bombay High Court Allows Appeal in Land Acquisition Apportionment Dispute Among Co-owners. Court holds that the Land Acquisition Court has jurisdiction to decide title and apportion compensation among co-owners under Section 30 of the Land Acquisition Act, 1894.

The case involves a dispute among the children of Shripad Deo regarding the apportionment of compensation awarded by the State of Maharashtra for acqu...

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Bombay High Court Quashes Onerous Bail Conditions in Commercial Dispute Case — Directs Defreezing of Bank Account. Court held that imposing condition of depositing Rs.59 crore for bail in a case arising from a commercial transaction is unreasonable and violative of Article 21 of the Constitution.

The petitioners, Vyomesh Shah, Kiran Contractor, and Suhass Dumbre, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Allows Second Appeal in Property Dispute Involving Will and Gift Deed Validity. Court sets aside concurrent findings of courts below, remands matter for fresh consideration on issue of due execution of gift deed and will.

The appellant, Surekha Murgendra Kalyanshetti, filed a second appeal against the judgment and decree of the District Court, Kolhapur, which dismissed ...