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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Plaintiff Fails to Prove Title and Possession. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster Under Section 100 CPC.

The appellant, Suresh Chatra, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree da...

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High Court of Karnataka Allows Appeal in Service Matter — Appellant Institution Succeeds in Proving Lack of Employer-Employee Relationship. The respondent failed to establish his employment with the appellant, leading to dismissal of the suit for declaration and injunction.

The appellant, The Chairman The State Government Employees Shikshana Sangha, Laxmi Complex, Neeligin Road, Hubli, represented by its Principal, filed ...

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High Court of Karnataka Dismisses Plaintiffs' Regular Second Appeal Challenging Dismissal of Suit for Declaration and Injunction Over Inam Land. Regrant of Land Under Karnataka Village Office Abolition Act During Pendency of Suit Does Not Prove Antecedent Ownership or Possession.

The case involves a regular second appeal filed by the plaintiffs against the concurrent judgments of the trial court and the first appellate court di...

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Bombay High Court Upholds Temporary Injunction in Favor of Plaintiff in Suit for Declaration of Title and Possession. The court found that the plaintiff had made out a prima facie case and that the balance of convenience was in his favor, restraining the bank from evicting him pending suit.

The appeal arises from a suit filed by the respondent No.1 (original plaintiff) against the appellant (original defendant No.1) and respondent Nos.2 a...

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Bombay High Court Dismisses Revocation of Leave Under Clause 12 Letters Patent and Allows Amendment to Plaint on Jurisdiction. Court holds that jurisdiction is determined by plaint averments as a whole and subsequent amendment cannot cure lack of jurisdiction at the time of filing.

The plaintiff, Infrastructure Leasing & Financial Services Limited, filed a suit in the Bombay High Court for recovery of Rs. 3,72,87,086/- with inter...