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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Dismisses Tenant's Revision Against Concurrent Eviction Decree for Non-Payment of Rent Under Maharashtra Rent Control Act, 1999. Tenant's failure to pay rent as per consent terms and subsequent default justified eviction.

The case involves a civil revision application filed by the tenant, Messrs Auto Hirers & anr, against an eviction decree passed by the Small Causes Co...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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GST on Advances for Future Supplies: Examining Constitutional Validity. Evaluating GST's application to unutilized advances and its constitutionality.

The L&T IHI Consortium, a collaboration between Larsen & Toubro Ltd. (L&T) and IHI Infrastructure Systems Co. Ltd., Japan, challenged the ...

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Bombay High Court Dismisses Retired Railway Employee's Petition for Transfer of Quarters to Son. Transfer of Railway Quarters from Retiring Employee to Son is Not a Matter of Right but Subject to Administrative Policy and Availability.

The petitioner, A.M. Attar, was a guard in the Central Railway who retired on 28 February 1997. He was allotted railway quarters at Byculla, Mumbai. H...

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Bombay High Court Dismisses Defendant's Appeal in License vs. Tenancy Dispute — Written License Agreement Governs Relationship. Court Holds That Defendant Failed to Prove Oral Tenancy, and Civil Court Has Jurisdiction.

The case involves a dispute between the plaintiff, Mrs. Rosario Boventura Fernandes, and the defendant, Shri Indrakant Shankar Mambro, over a parcel o...

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High Court of Bombay at Nagpur Allows Appeal Against Rejection of Plaint in Copyright Groundless Threat Suit. Suit Under Section 60 of Copyright Act, 1957 Not Barred by Prior FIR and Subsequent Suit if Filed Without Due Diligence.

The dispute arose from a commercial conflict over software copyright. The appellant developed a software for tax professionals, launched in 2007. The ...