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Secondary Evidence and Power of Attorney in Property Transactions: Supreme Court Clarifies Scope of Section 65 Evidence Act and Section 100 CPC i

n Tharammel Peethambaran v. T. Ushakrishnan, the dispute arose from the sale of immovable property executed by the defendant acting as an alleged agen...

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Bombay High Court Dismisses Writ Petitions by Market Committee and Licensee in Suit for Possession and Mesne Profits — Licensee Estopped from Denying Licensor's Title Under Section 116 Evidence Act, 1872; Market Committee Not Necessary Party in Co-owner Dispute.

The case involves a dispute over possession of a shop in a market yard. The plaintiffs, Mohammad Hanif Abdul Wahid Shaikh and Mohammad Asif Mohammad H...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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Bombay High Court Dismisses Revenue's Writ Petition Challenging Settlement Commission's Order Allowing Settlement Application. Settlement Commission's Finding of Full and True Disclosure of Income by Assessee in Case of Alleged Bogus Purchases Upheld Under Section 245D of Income Tax Act, 1961.

The Commissioner of Income Tax, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging two orders passed by the Inco...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...