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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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High Court of Karnataka Allows Writ Petition Quashing Seizure Order Under Section 67(2) of CGST Act Due to Non-Compliance with Mandatory Requirements. Seizure of cash from residential premises of an employee without proper authorization and recording of reasons held invalid, cash ordered to be returned.

The petitioners, B. Kusuma Poonacha and J K Manjunath, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High C...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Quashes Joint Registrar's Order in Cooperative Housing Society Land Sale Dispute — Violation of Natural Justice and Bye-Laws. Permission for Sale of Society Land Granted Without Notice to Members or Proper Inquiry Under Maharashtra Co-operative Societies Act, 1960.

The petitioners, members of respondent No.4 housing cooperative society (Ahilyabai Magasavargiya Gruhnirman Sahakari Sanstha Ltd.), challenged the ord...

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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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Bombay High Court Dismisses ICICI Bank's Intervention Application in Winding-Up Petition. ICICI Bank's claim not yet due and it is otherwise sufficiently secured; application held premature and aimed at defeating resolution of BNYM's claim.

The applicant, ICICI Bank Limited, sought to be impleaded as a respondent or alternatively to intervene in a company application filed by The Bank of ...

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Bombay High Court Dismisses Preliminary Objection on Jurisdiction in Arbitration Petition. Exclusive Jurisdiction Clause in Member-Client Agreement Conferring Jurisdiction on Mumbai Courts is Valid and Binding.

The petitioner, SPS Share Brokers Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arb...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Client Against Trading Member for Unauthorized Trades. Award of Rs.6,59,634.54 with interest upheld as not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Angel Broking Private Limited, a trading member, challenged an arbitral award dated 29 August 2009 passed by a sole arbitrator appoint...