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High Court Allows Bank Appeal, Holds Guarantors Liable for Loan Recovery; Trial Court's Dismissal Against Guarantors Reversed. Equitable Mortgage by Deposit of Title Deeds Valid and Suit Within Limitation as Guarantors Agreed to be Bound by Principal Borrower's Acknowledgment.

The dispute arose from a loan recovery suit filed by Allahabad Bank against the principal borrower and six guarantors. The bank had sanctioned a loan ...

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Bombay High Court Dismisses Petition Challenging Stamp Duty on Octroi Collection Agreement as Lease. Agreement for collection of octroi by agent held to be a lease under Section 2(n)(iii) of Maharashtra Stamp Act and chargeable under Article 36(i) of Schedule I.

The petitioner, M/s. Sai Trading Company, a partnership firm, entered into an agreement on 27th April 2006 with the Sangli, Miraj and Kupwad City Muni...

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Bombay High Court Allows Second Appeal in Property Dispute Between Brothers, Remands Case for Fresh Consideration of Counterclaim. Court holds that a counterclaim for possession cannot be decreed without proper valuation and payment of court fees under the Bombay Court Fees Act, 1959.

The appellant, original plaintiff Gujabrao, filed Special Civil Suit No.90/1993 for a permanent injunction against his brother Punjabrao (defendant No...

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Supreme Court Dismisses Appeal by Operational Creditor in IBC Resolution Plan Challenge — Commercial Wisdom of Committee of Creditors Upheld. Noida Special Economic Zone Authority's claim for full admitted dues rejected as Resolution Plan approved by CoC and NCLT stands, with IBC overriding SEZ Act.

The case involves an appeal by Noida Special Economic Zone Authority (NSEZ Authority), an operational creditor, against the approval of a resolution p...

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High Court of Karnataka Reduces Compensation in Land Acquisition Appeal — State Partly Successful. Court holds that Reference Court's reliance on non-comparable exemplar sale deeds was erroneous, reducing market value from Rs.3,00,000/- to Rs.2,25,000/- per acre under Land Acquisition Act, 1894.

The State of Karnataka and other appellants filed an appeal under Section 54(1) of the Land Acquisition Act, 1894 against the Judgment and Award dated...

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Bombay High Court Dismisses Revision Against Order Refusing to Strike Out Defence in Suit for Possession and Mesne Profits — Held That Denial of Title by Tenant Without Supporting Evidence Does Not Attract Striking Out of Defence Under Order 15A CPC.

The case arises from a civil revision application filed by the defendants (M/s. Keshavdas Hassanand and others) against an order of the Trial Court re...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission Order in Customs Duty Evasion Case — Violation of Principles of Natural Justice. Settlement Commission's Rejection of Settlement Application Without Considering Merits and Without Granting Personal Hearing Set Aside.

The petitioners, Dinesh Bhabootmal Salecha and others, filed a writ petition before the Bombay High Court challenging an order passed by the Settlemen...

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Bombay High Court Allows Appeal for Compensation of Fruit-Bearing Trees in Land Acquisition Case. The reference Court's dismissal of tree compensation was set aside as the valuer's evidence was unchallenged and the Supreme Court precedent was misapplied.

The appellant, Sau. Ushadevi Manikrao Baradkar, owned land in Gat No. 75 of Village Barad, Tq. Babhulgaon, District Yavatmal, which was acquired for t...