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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 NI Act. Presumption under Section 139 NI Act that cheque was issued for legally enforceable debt not rebutted by accused's bare denial.

The appeal was filed by the original complainant, Smt. Nanda w/o Dharam Nandanwar, against the judgment and order dated 26th March 2009 passed by the ...

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Supreme Court Upholds Royalty on Run-of-Mine Coal for Period Prior to Insertion of Rule 64B and 64C in Mineral Concession Rules, 1960. Processed or Beneficiated Coal Attracts Royalty After Effective Date of Notification Dated 25th September, 2000.

The dispute involved multiple appeals before the Supreme Court arising out of conflicting interpretations of the stage at which royalty becomes payabl...

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...