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Supreme Court Quashes FIR in Property Joint Venture Dispute -- Criminal Proceedings Against Appellants Set Aside as Dispute Found Civil in Nature with Arbitration Clause -- FIR Under Sections 406, 420, 467, 468 and 471 IPC Cannot Substitute Civil Remedies

The Supreme Court allowed the criminal appeal arising from Special Leave Petition (Criminal) No. 6670 of 2021 and quashed the FIR registered against t...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Establish Criminal Intent Under Section 420 IPC. Allegations of Fraud in Real Estate Transaction Found to Be Purely Civil in Nature, Lacking Ingredients of Criminal Breach of Trust or Cheating.

The Supreme Court allowed the appeal against the judgment of the Madras High Court, which had dismissed the appellants' petition to quash criminal pro...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Case for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the suit for partition is governed by Article 110 of the Limitation Act, 1963, and the defendants failed to prove adverse possession.

The case involves a partition suit filed by Pandurang Sitaram Pande (original plaintiff) against his brothers and other family members for a 1/5th sha...

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

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Karnataka High Court Allows Appeal in Income Tax Case on Capital Gains Liability of Firm on Partner's Retirement. Full Bench resolves conflict under Section 45(4) of Income Tax Act, 1961 regarding liability when retiring partner receives only money for his share without distribution of assets.

The case involves an appeal under Section 260-A of the Income Tax Act, 1961, arising from an order dated 02.03.2006 in ITA No.1295/BANG/2004 for the a...

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Bombay High Court Dismisses Petition Challenging GST Detention Order — Petitioner Failed to Produce E-Way Bill or Invoice at Time of Inspection, Detention Upheld Under Section 129 of MGST Act, 2017.

The petitioner, Velentine Properties Private Limited, filed a writ petition challenging the detention of its goods and vehicle by the State of Maharas...