Search Results for "civil suit limitation"

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High Court of Bombay Examines Consent Letter and Delay in Tenancy Transfer in Irani Wadi Case; Finds Consent for Convenience Not Relinquishment and Transfer Lacks Bona Fides. Joint Tenants’ Rights Not Extinguished by Mere Consent Letter; Twenty-Year Delay and Protest Letters Negate Bona Fide Transfer.

The dispute concerned the immovable property known as Irani Wadi at Mazgaon, comprising a residential bungalow, a nursery, and rooms for gardeners, he...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Dismisses Petition Seeking Condonation of Delay Beyond Statutory Limit in Central Excise Appeal. Section 35 of Central Excise Act, 1944 Provides an Outer Limit of 30 Days for Condonation, Which Cannot Be Extended by Section 5 of Limitation Act, 1963.

The petitioner, M/s Raj Chemicals, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to con...

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Bombay High Court Dismisses Petition by RTO Agents' Association Challenging Eviction Order Under Bombay Government Premises (Eviction) Act, 1955. Eviction and Arrears of Rent Upheld as Competent Authority's Orders Were Not Successfully Challenged.

The petitioner, The Association of Recognized Agents, is a registered association of RTO agents who were allotted a room in the RTO Compound at Tulsiw...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

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Supreme Court Allows Appeal in Possession Suit Limitation Dispute — Article 64 Limitation Act, 1963 Applicable. High Court erred in holding suit within limitation based on earlier observation; limitation runs from date of dispossession, not from declaration of title.

The present appeal arises from a long-standing property dispute. The appellants are the children of late Srinivas Shetty, who had executed a sale deed...

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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...