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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Partnership Dispute — Status Quo Ordered on Firm Properties Pending Arbitration. Court records statements from parties not to alienate partnership properties, directing status quo to preserve subject matter of arbitration.

The petitioners, Taz Naval Nariman and Rukhsshana Meher Anklesaria, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Allows Second Appeal in Matrimonial Dispute — Sets Aside Lower Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Illegal and Unsustainable.

This Second Appeal arises from a matrimonial dispute between Sunil Ramnath Argade (appellant) and Latabai Sunil Argade (respondent). The appellant cha...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings That Sale Deed Was Null and Void Due to Lack of Title and Possession. Deed of Gift Executed by Co-Owner Without Spouse's Consent Held Invalid Under Portuguese Civil Code.

The appellant, Shivaji Narayan Gaonkar, filed a suit seeking permanent injunction and declaration that a Deed of Gift executed by Respondent No.3 (Lur...

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Bombay High Court at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Property Suit. Held that the plaint discloses a cause of action and is not barred by limitation or res judicata under Order 7 Rule 11 CPC.

The petitioner, Dr. Suresh Bhalchandra Shetye, was the original defendant no.1 in a suit filed by the respondents (original plaintiffs) seeking partit...

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Bombay High Court Quashes Section 179 Order Against Former Director for Tax Dues of Company — No Evidence of Neglect or Misfeasance. Director Who Resigned Before Relevant Assessment Year Cannot Be Held Liable for Company's Tax Default Under Section 179 of Income Tax Act, 1961.

The petitioner, Dinesh T. Tailor, was appointed as an Additional director of Yazad Investment & Finance Private Limited on 2 January 1987. He signed a...

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Bombay High Court Dismisses Second Appeal in Co-operative Society Dispute — Civil Court Jurisdiction Barred Under Section 91 of Maharashtra Co-operative Societies Act, 1960. Dispute between member and society regarding allotment of flat falls within exclusive jurisdiction of Co-operative Court.

The appellant, Smt. Nina Noemia Pinto (since expired and represented by her legal heir Mrs. Xacuntala Makhija), filed a suit for permanent injunction ...

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Bombay High Court Dismisses Both Challenges to Court Receiver's Royalty Fixation in Family Property Dispute. Court upholds Receiver's order fixing royalty at Rs. 1,50,000/- per month, finding no perversity or lack of material.

The dispute arises out of a family property and business conflict between the plaintiff, Majid Ahmedbhai Oomerbhoy, and the defendants, including Rash...

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Bombay High Court Allows Second Appeal in Landlord-Tenant Dispute — Partnership Claim Fails for Lack of Registration. Relationship of landlord and tenant established by payment of rent and acceptance, not partnership.

The case involves a second appeal filed by the defendants (appellants) against the judgment of the Additional District Judge, Nasik dated 3.10.1992, w...