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Bombay High Court Allows Plaintiff's Summary Suit for Recovery of Contractual Payment in Earth Filling Work Dispute. Court holds that plaintiff proved contract and performance, and defendant failed to prove defence of poor quality or inflated claims.

The plaintiff, Mrs. Prabha P. Shenai, carrying on business as a proprietress in civil construction works under the name M/s. Sterling Engineering Co.,...

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Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

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High Court Adjudicates Public Interest Petition Against Ministerial Orders on Land Reservation for Pune Telephones and Cooperative Housing Societies. The Court Considers Legality of Compromise Order and Subsequent Land Acquisition Proceedings in Light of Development Plan and ULC Act Provisions.

The petitioners, residents of Pune, filed a public interest petition under Article 226 of the Constitution challenging the order dated 6.2.1991 (a com...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Bombay High Court Partially Allows State and Claimant Appeals in Land Acquisition Compensation Case — Market Value Determined at Rs. 30 per sq.m. with 30% Deduction for Development. Court applies belting method and deducts development cost for large land parcel acquired for Nhava-Sheva water supply.

The case involves two appeals arising from the same award dated 30th September 1989 passed by the Civil Judge, Senior Division, Raigad at Alibag in La...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of No Joint Purchase Upheld. Suit for Declaration of Ownership and Partition Dismissed as Plaintiffs Failed to Prove Joint Purchase of Suit Property in 1957.

The case involves a property dispute between descendants of two brothers, Ramchandra Ingole and Trimbakrao Ingole, who had partitioned joint family pr...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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High Court of Judicature at Bombay Considers Winding Up Petition Based on Alleged Debt Arising Out of F&O Trades; Respondent Disputes Liability and Raises Counter-Claim for Damages

This company petition sought winding up of Prime Broking Company (India) Ltd under the Companies Act, 1956 on the ground of inability to pay debts. Th...