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High Court of Karnataka Allows Transfer of Winding Up Petitions to NCLT Under Section 434(1) of Companies Act, 2013 — Mandatory Transfer of Pending Proceedings Where No Winding Up Order Has Been Passed.

The judgment concerns two company applications filed by M/s. Nitesh Residency Hotels Pvt. Ltd. seeking transfer of pending winding up petitions (Compa...

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Bombay High Court Dismisses Petition Challenging Cooperative Bank Elections Due to Availability of Alternative Remedy. Writ Petition Under Article 226 Held Not Maintainable as Election Process Had Commenced and Remedy Under Section 152 of Maharashtra Cooperative Societies Act, 1960 Was Available.

The petitioners, nineteen individuals who are members of the Nashik District Central Cooperative Bank Ltd., filed a writ petition under Article 226 of...

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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation.

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of...

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High Court of Bombay Dismisses Appeal Against CLB Order Refusing Transfer of Company Petition. Chairman's Quasi-Judicial Order Held Amenable to Section 10F but Lacks Power to Transfer Part-Heard Matter or Constitute Special Bench.

The appeal arose from an order of the Chairman, Company Law Board (CLB) rejecting an application to transfer a partly-heard company petition from the ...

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Supreme Court Rules on Stamp Duty Penalty: A Critical Examination of Section 34 of the Karnataka Stamp Act, 1957

The Supreme Court of India, in the case of Seetharama Shetty vs. Monappa Shetty, addressed the legal implications of Sections 33, 34, 37, and 39 of th...

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Bombay High Court Dismisses Review Petition in Property Suit — No Error Apparent on Face of Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on record, not re-hearing the appeal.

The judgment pertains to a review application filed by the appellants in First Appeal No. 620 of 1996, seeking review of the judgment and order dated ...

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Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...