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Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...

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Bombay High Court Decrees Ownership of 800 ITC Shares to Plaintiffs, Finding Transfers Forged and Broker's Claim Unproven. Defendant No.14 Failed to Discharge Burden Under Section 106 of the Indian Evidence Act, 1872, and Forged Transfer Deeds Are Void; Register of Members Ordered to Be Rectified.

The suit concerned a declaration of ownership and rectification of the register of members of ITC Ltd. (Defendant No.1) in respect of 800 shares. Plai...

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SECOND APPEAL NO.538 2005

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Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

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Supreme Court Dismisses Lessor’s Appeal in Lease Renewal Dispute — Renewal Clause Does Not Offend Rule Against Perpetuity. Option to Renew Lease Every Ten Years Does Not Create an Interest in Property Under Section 14 of the Transfer of Property Act, 1882.

The dispute arose from a lease deed executed on October 26, 1951, between the appellant-lessor and the respondent-lessee for premises in Bangalore. Th...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings on Limitation and Validity of Sale Deed. Suit for Possession Based on Prior Agreement to Sell Held Not Barred by Limitation as Cause of Action Arose from Notice of Eviction, Not Registration of Sale Deed.

The case involves a property dispute where the original plaintiff (now represented by legal heirs) filed a suit for possession based on an agreement t...

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Madras High Court Pronounces Judgment in Appeal by 9th Defendant Against Decree in Partition and Declaration Suit — Validity of Sale Deeds Executed Without Consent of Co-sharer Questioned

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 by the 9th defendant against the judgment and decree dated 06.03.2020 in O....