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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting application for condonation of delay by applying strict standards instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a property dispute between family members. The plaintiff, Vinay Madhukar Kulkarni, filed a suit for perpetual injunction against the...

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Bombay High Court Allows Amendment of Written Statement and Counter Claim in Suit Filed Before 2002 CPC Amendment. Order 6 Rule 17 as amended by 2002 Amendment Act does not apply to suits instituted before 1.7.2002.

The petitioner, Sumita Pradipkumar Dixit, challenged an order dated 29.8.2009 passed by the trial court in RC Suit No. 187/1999, which rejected her ap...

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Bombay High Court Allows Appeal in Income Tax Capital Gains Case — Section 54F Deduction Computation Clarified. Investment in new asset before due date of filing return qualifies for exemption even if return is filed late.

The appellant, Humayun Suleman Merchant, sold a plot of land in Mumbai on 29th April 1995 for Rs.85,33,250/-, resulting in a long-term capital gain. T...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Unfair Labour Practice Complaint. Delay of 5 years and 11 months condoned as workers were pursuing remedy through union and letters, and no prejudice caused to employer.

The Petitioner, Brihan Mumbai Electric Supply and Transport (BEST) Undertaking, challenged the judgment and order dated 25.01.2023 of the Industrial C...

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Supreme Court Examines Condonation of Delay by Karnataka Housing Board under Limitation Act. High Court's Order Condoning 3966-Day Delay in Filing Second Appeal is Scrutinized on Grounds of State Lethargy and Sufficient Cause.

The appeal before the Supreme Court arose from a judgment of the High Court of Karnataka condoning a delay of 3966 days in filing a second appeal by t...

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High Court of Karnataka Allows Appeal with Enhanced Compensation in Motor Accident Claim — Delay of 2 Years Condoned on Condition of Reduced Interest. Claimant's compensation enhanced from Rs. 1,35,000 to Rs. 2,00,000 under Section 173(1) of Motor Vehicles Act, 1988.

The appellant, Cheluvaraju, filed a Miscellaneous First Appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award da...