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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

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Bombay High Court Dismisses Revocation of Leave Under Clause 12 Letters Patent and Allows Amendment to Plaint on Jurisdiction. Court holds that jurisdiction is determined by plaint averments as a whole and subsequent amendment cannot cure lack of jurisdiction at the time of filing.

The plaintiff, Infrastructure Leasing & Financial Services Limited, filed a suit in the Bombay High Court for recovery of Rs. 3,72,87,086/- with inter...

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Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

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NCLAT Chennai Dismisses Appeals by Suspended Directors Against CIRP Initiation Under IBC — Limitation Period for Section 7 Application Computed from Date of Default, Not Date of NPA Classification. Acknowledgment of Debt in Balance Sheets Extends Limitation Under Section 18 of Limitation Act.

The judgment pertains to two appeals filed by suspended directors of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against t...

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Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Supreme Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC Set Aside as Alleged Threat Did Not Constitute Abetment.

The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former...