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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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High Court of Bombay Makes Rule Returnable in Writs Seeking Compliance with RBI Master Circular on Loan Restructuring. Petitioners Allege Inability to Comply with Loan Obligations Due to Telecom Industry Downturn, Seek Direction to Banks Under Paragraph 6.4 of RBI Master Circular Dated 1 July 2015.

The petitioner in Writ Petition No. 1893 of 2019, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, filed a writ petit...

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High Court Allows Appeal by Bank in Mortgage Dispute, Remands Suit for Trial on Merits. The court held that the civil suit was not maintainable as the plaintiff had no locus standi to challenge the mortgage.

The case involves an appeal filed by the Bank of India (original defendant No.2) against an order of the District Judge. The respondent No.1 (original...

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Bombay High Court Stays Coercive Recovery Against Mutual Fund in Income Tax Dispute on Trust's Status. Trust Assessed as Association of Persons Cannot Prima Facie Bind Beneficiary Due to Legal Precedent and Hasty Recovery Action Foreclosed Remedies Under Section 177(3) of Income Tax Act, 1961.

The dispute arose from an assessment order for Assessment Year 2009-2010 passed against India Corporate Loan Securitisation Trust, 2008 Series 14, con...

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Gujarat High Court Allows Appeals in Recovery Suits, Holding That Suits Against Guarantors Were Barred by Limitation. The court held that limitation for suit against guarantor runs from date of default by principal debtor, not from date of guarantee, under Article 55 of Limitation Act, 1963.

The case involves three first appeals arising from a common judgment and decree passed by the City Civil Judge, Court No. 11, Ahmedabad, in Civil Suit...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Bad Debt Deduction Case. Assessee's Claim for Deduction of Written-Off Principal Deposit as Bad Debt Under Section 36(1)(vii) Read with Section 36(2) of Income Tax Act, 1961 Allowed Based on Precedent of Pudumjee Pulp and Paper Mills Limited.

The appeal before the Bombay High Court arose from an income tax assessment for Assessment Year 2005-06. The respondent assessee had filed its return ...