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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Dismisses Railway's Appeal Against Compensation Award for Passenger's Fall from Train. Fall from Running Train Due to Jerk or Push Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989, and Railway is Liable Under Section 124A.

The appeal was filed by the Union of India, represented by the General Manager, Central Railway, challenging the judgment and order dated 8.10.2009 of...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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KAHC010422252008_1

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...

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Supreme Court Hears Appeal on Limitation Issues in Suit for Declaration and Injunction by Hereditary Temple Worshippers. The Court Examines Whether Ouster by Trustees Constitutes a Continuing Wrong Under Section 23 of the Indian Limitation Act, 1908.

The dispute arose from the Shree Dnyaneshwar Maharaj Sansthan at Alandi, where the appellants, known as Guravs, were hereditary worshippers claiming o...

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Bombay High Court Dismisses Revision Against Eviction Decree in Landlord-Tenant Dispute — Bona Fide Need for Hotel Business Established. Landlord's son's need for premises to start hotel business held genuine and reasonable under Section 16 of Maharashtra Rent Control Act, 1999.

The case arises from a civil suit filed by the respondents (original plaintiffs) against the applicants (original defendants) for possession of suit p...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...