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High Court of Karnataka Dharwad Bench Delivers Judgment in Regular First Appeal Against Dismissal of Partition Suit by Trial Court. The suit involved claims of joint family property, partnership business, and allegations of prior partition through relinquishment deeds and gifts.

The case involves a regular first appeal filed by the appellant/plaintiff against the judgment and decree dated 30.11.2013 in O.S.No.248/2006 passed b...

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Karnataka High Court Considers Criminal Appeal in Disproportionate Assets Case Under Prevention of Corruption Act. Appellant Challenges Conviction Alleging Miscalculation of Income and Improper Sanction Under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988.

The appellant, a former Electrical Attender in the Public Works Department, was convicted by the trial court under Section 13(1)(e) read with Section ...

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High Court of Bombay Considers Challenge to Banning Order Issued by Public Sector Undertaking – Allegations of Blacklisting Without Proper Notice and Violation of Fundamental Rights. Petitioner Contends That Show Cause Notice Did Not Specify Intention to Ban for Three Years, Rendering Order Arbitrary.

The writ petition under Article 226 of the Constitution of India was filed by a private limited company engaged in corrosion resistant coating applica...

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High Court of Bombay Decides Writ Petition Against ONGC's Banning Order. Petitioner Challenges Three-Year Blacklisting on Grounds of Natural Justice Violation.

The petitioner, M/s J.K. Surface Coatings Pvt. Ltd., a company engaged in corrosion resistant coating application, challenged a banning order dated 25...

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

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Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

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Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

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Bombay High Court Upholds Bank's Right to Enforce Security Under SARFAESI Act Outside Insolvency; No Fetters on Secured Creditor. Secured creditor entitled to stand outside insolvency proceedings under Presidency-Towns Insolvency Act, 1909 and proceed under SARFAESI Act for recovery of dues.

The appellant, Punjab National Bank, stood as a secured creditor by virtue of a guarantee executed by the second respondent, Soumit Ranjan Jena, for a...

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Supreme Court Clarifies Deduction of Broken Period Interest for Banks Treating Securities as Stock-in-TradeDeduction Allowed as Revenue Expenditure for Banks Holding Securities as Stock-in-Trade

The Supreme Court addressed the treatment of broken period interest for tax purposes. The issue centered on whether broken period interest could be de...