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Bombay High Court Dismisses Second Appeals in Property Dispute Involving Shivaji Education Society. Court upholds concurrent findings of fact that the suit properties were not trust properties and that the plaintiffs failed to prove their title.

The case involves four second appeals filed by the appellants, who are office bearers of Shivaji Education Society, against the respondents. The dispu...

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Bombay High Court hears and determines Notice of Motion No. 1211 of 2014 in Suit No. 777 of 2014 seeking interim injunctions and appointment of administrator. The court examines rival claims of family arrangements and fiduciary capacity over Gopal Raheja Group assets.

The dispute arose out of the affairs of the Gopal Raheja Group, a real estate business originally established by Lachmandas Raheja and continued by hi...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

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Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...

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Bombay High Court Hears Petition to Set Aside Arbitral Award Directing Indemnity for Depreciation Disallowance. Petitioners Argue that Clause 14 of Lease Agreement Does Not Cover Income Tax Depreciation Denial and Rely on Identical Clause Interpretation in Prior Judgment.

The dispute arose from a lease agreement executed in 1997 between Borosil Glass Works Limited (lessee/petitioner) and Tata Motors Limited (lessor/resp...

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High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...