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High Court of Judicature at Bombay Interprets Conditions for Debtor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909. Court Clarifies That Allegation of Inability to Pay Debts is Sufficient While Entitlement to Present Petition Must Be Proved Under Section 14.

The judgment dealt with two debtors' insolvency petitions filed by a father and son duo under the Presidency Towns Insolvency Act, 1909 (PTI Act). The...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

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Bombay High Court Dismisses Tenants' Petition Challenging Eviction Decree on Ground of Bonafide Need Under Maharashtra Rent Control Act, 1999. Concurrent findings of bonafide need of landlords' sons for business upheld as not perverse.

The petitioners, tenants of a commercial premises, challenged concurrent eviction decrees passed by the Small Causes Court and the Appellate Court und...

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Supreme Court Dismisses Appeal in Arbitration Appointment Case — No Interference Under Article 136. Court Clarifies Scope of Section 11(6A) of Arbitration and Conciliation Act, 1996 Prior to Its Omission by 2019 Amendment.

The Supreme Court dismissed a civil appeal arising from a Special Leave Petition against a High Court decision refusing to appoint an arbitrator under...

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Bombay High Court Dismisses Appeal Seeking Permanent Stay of Winding Up of Svadeshi Mills Company Limited. Section 466 of Companies Act, 1956 does not permit stay of winding up after assets have been sold and substantial progress made in liquidation.

The case concerns an appeal against the dismissal of a company application under Section 466 of the Companies Act, 1956, seeking a permanent stay of t...

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Bombay High Court Dismisses Revision Against Eviction Decree and Mesne Profit Order in Lease Dispute. Lease Deed Term Expired After Renewal Periods; Termination Notice Valid Under Section 41 of Presidency Small Cause Courts Act, 1882.

The case involves a lease dispute between landlords (respondents) and a tenant (applicant, Hindustan Petroleum Corporation Limited). The landlords exe...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit Based on Landlord's Bonafide Need for Redevelopment. Landlord's Purchase of Entire Property and Need for Expansion of Business for Son Constitute Bonafide Need Under Section 16 of Maharashtra Rent Control Act, 1999.

The applicant, Shridhar K. Berde, was a monthly tenant in Gala No.1 of Municipal House No.2481, Ratnagiri. The original owner Vinayak Purushottam Dali...