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High Court of Judicature at Bombay Determines Factual Enquiry Whether Share Transfer Resulted in Members Exceeding Fifty. Enquiry Directed by Supreme Court in Civil Appeal No. 2481 of 2014 Following Dispute Over Validity of Pre-emption Rights in Articles of Association.

The appeal was placed before the High Court of Judicature at Bombay following a remand order by the Supreme Court in Civil Appeal No. 2481 of 2014. Th...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...

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High Court of Karnataka Kalaburagi Bench Hears Batch of Writ Petitions Challenging Amendments to Karnataka Agricultural Produce Marketing Act. Petitioners Seek Declaration that Deletion of 'Trader' from Section 72 and Insertion of Rule 76-A are Unconstitutional.

The present proceedings comprised a batch of writ petitions filed before the High Court of Karnataka, Kalaburagi Bench, under Articles 226 and 227 of ...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Bombay High Court Dismisses Petitions Challenging Slum Land Acquisition and Letter of Intent. Court Holds Petitioner's Ownership Interest Sufficient for Locus Standi but Upholds State Action Under Maharashtra Slum Areas Act, 1971.

The case involved two writ petitions filed in 1999 and 2000 under Article 226 of the Constitution challenging a land acquisition notification dated 6-...

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Supreme Court Upholds Inclusion of Gifted Fixed Deposit Receipts in Estate of Deceased Under Section 10 of Estate Duty Act, 1953. Donor Retained Control by Renewing Receipts in Joint Names, Thus Not Excluding Herself from Benefit, Rendering Amount Liable to Estate Duty.

Purnabai, the deceased, held three fixed deposit receipts with the State Bank of Bikaner on April 1, 1953. She intended to gift the amounts to her gra...