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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 NI Act is committed at the place of dishonour and service of notice, which was Delhi, not Bangalore.

The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Crimina...

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High Court of Karnataka Dismisses State's Appeal in Revenue Recovery Dispute Against Company in Liquidation. Priority of secured creditor's claim under Section 529A of Companies Act, 1956 upheld over State's statutory dues under Karnataka Land Revenue Act, 1964.

The case involves an appeal by the State of Karnataka and its officers against an order of the Company Judge dated 03.11.1998 in Company Application N...

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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...