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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commercial Arbitration Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, Ramakrishnan Krishnan, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim.

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, ...