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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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High Court of Karnataka Dismisses Writ Appeal for Land Compensation Due to Inordinate Delay of 150 Years. Land Acquisition Dispute Rejected on Grounds of Delay and Laches as Appellants Failed to Explain Delay in Approaching Court.

The appellants, Sri Ramarao alias Ajit and Sri Sujit, filed a writ appeal against the order of a learned Single Judge dismissing their writ petition o...

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High Court of Karnataka Dismisses State's Second Appeal in Land Dispute Case Due to Non-Compliance with Conditional Order. Court holds that failure to pay costs as directed by the court results in dismissal of the appeal under Section 100 CPC.

The State of Karnataka and its officers filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment...

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Bombay High Court Partly Allows Promoter's Appeal in RERA Interest Case. Appellate Tribunal's Suo Motu Adjudication on Termination of Agreement Set Aside as Without Jurisdiction.

The case involves an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) filed by Satyam Developers, the prom...

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Bombay High Court Admits PIL Challenging Construction Permissions in Gamdevi Heritage Precinct. The court considered legality of 15-storey building under DCR 1991 and Heritage Regulations.

By way of background, the petitioners, Gamdevi Residents’ Association and others, filed a public interest litigation before the Bombay High Court ch...

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Bombay High Court Hears Suits for Recovery of Hire-Purchase Instalments Following Default by Hirer. Dispute Centered on Alleged Defects in Centrifugal Casting Machines and Procedural Objections Including Jurisdiction and Joinder of Parties.

The National Small Industries Corporation Ltd., a Government of India undertaking, filed two suits for recovery of amounts due under two hire-purchase...

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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...