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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit.

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inherita...

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Supreme Court Enhances Sentence in Bigamy Case Under Section 494 IPC — Emphasizes Proportionality in Sentencing and Rejects Fleabite Punishment. The Court held that inadequate sentences undermine public confidence and ordered one year rigorous imprisonment for the accused.

The appellant, the husband, filed a private complaint under Section 200 CrPC against his wife (accused No.1) and her second husband (accused No.2) for...

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Bombay High Court Quashes GCZMA Demolition Order for Lack of Quorum and Violation of Natural Justice. Petitioner's 18 rooms saved as sub-committee meeting with only 4 members violated requirement of 5 members for cases directed by High Court.

The petitioner, Shri Sylvestre D'Souza, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 15/02...

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Bombay High Court Upholds CLB Order on Share Transmission in Company Dispute. CLB's findings on oppression and mismanagement under Sections 397 and 398 of Companies Act, 1956 set aside due to lack of evidence.

The judgment concerns multiple company appeals arising from orders of the Company Law Board (CLB) in relation to Mehboob Productions Pvt. Ltd., a comp...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957.

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India chall...

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Supreme Court Adjudicates Writ Petition Seeking Recognition of MBBS Degree Under Indian Medical Council Act, 1956. The Court examined whether denial of renewal permission based on assessment deficiencies was justified under Section 10A of the Act.

The petitioner No. 1, Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration A...