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Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Adjudicates Petitions Challenging Mumbai Port Trust's Summary Eviction Notices Under Bye-law No.9. Petitioners Sought Declaration That Bye-law No.9 Ultra Vires Public Premises Act and Violated Natural Justice.

In a batch of writ petitions, occupants of structures at Reay Road, Mazgaon, Mumbai, challenged eviction notices issued by the Mumbai Port Trust on 06...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Dismisses Suit for Declaration of Trusteeship in Breach Candy Swimming Bath Trust Dispute. Court holds that plaintiffs failed to prove valid appointment as trustees and that the suit was barred by limitation and lacked cause of action.

The plaintiffs, nine individuals, filed a suit in the Bombay High Court seeking a declaration that they are trustees of the Breach Candy Swimming Bath...