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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

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Supreme Court Allows Appeal in U.P. Gangsters Act Case — Quashes FIR for Lack of Anti-Social Activity. Property Disputes of Civil Nature Cannot Be Basis for Prosecution Under Sections 2 and 3 of the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986.

The Supreme Court allowed the appeal filed by Jay Kishan and others against the State of Uttar Pradesh and others, challenging the dismissal of their ...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Quashes Customs Order-in-Original for Violation of Natural Justice — Petitioner Denied Cross-Examination Opportunity Under Section 138B of Customs Act, 1962. The court held that denial of cross-examination vitiates the proceedings and remitted the matter for fresh adjudication.

The petitioner, Shri Bipin Badani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the o...