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Bombay High Court Dismisses Appeal in Partnership Act Suit — Unregistered Firm Cannot Sue for Injunction. Section 69(2)(a) of Indian Partnership Act, 1932 bars suit by unregistered firm for enforcement of rights arising from contract.

The appellants, Abdul Jabar Mohammed Ishaq and another, were the original plaintiffs who filed a suit in the City Civil Court at Bombay against ten de...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint for Non-Payment of Court Fees in Commercial Suit. Court upholds trial court's order rejecting plaint under Order VII Rule 11(c) CPC for failure to pay deficit court fees within extended time.

The appellant, Nine Media & Information Services Ltd., filed a commercial suit against multiple respondents including Hero Honda Motors Ltd. and other...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it.

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 14...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Establish Criminal Intent Under Section 420 IPC. Allegations of Fraud in Real Estate Transaction Found to Be Purely Civil in Nature, Lacking Ingredients of Criminal Breach of Trust or Cheating.

The Supreme Court allowed the appeal against the judgment of the Madras High Court, which had dismissed the appellants' petition to quash criminal pro...

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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Allows Appeals, Remands Case for Fresh Assessment, Clarifies Taxability of Unauthorised Structures and Reassessment of Land. Unauthorised Structures Held Liable to Property Tax Under Mumbai Municipal Corporation Act, 1888, While Land Already Assessed Cannot Be Reassessed.

The four first appeals before the Bombay High Court arose out of orders passed by the Small Causes Court in municipal appeals concerning the fixation ...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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Bombay High Court Dismisses Teacher's Petition for Reinstatement as Headmistress Due to Lack of Prior Approval from Education Authorities. Appointment Without Approval Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is Void Ab Initio.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in respondent no.2 school on 12th June 1989. In July 1994, a vaca...

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Bombay High Court Dismisses Writ Petition of Headmistress Against Termination, Upholds School Tribunal's Order. Disciplinary Enquiry Under Maharashtra Employees of Private Schools (Conditions of Service) Rules Not Vitiated by Procedural Irregularity as Employee Failed to Nominate Her Representative.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in Abhinav Vidya Mandir (English Medium) in 1989. In 1994, she wa...