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Bombay High Court Dismisses Second Appeal Challenging Ceiling Proceedings: Collusive Partition Decree Not Binding on State. Findings of Maharashtra Agricultural Lands Ceiling Authorities, Confirmed by Supreme Court, Held Binding on Plaintiff Despite Alleged Family Arrangement.

Background: The litigation originated from a dispute over agricultural land declared surplus under the Maharashtra Agricultural Lands (Ceiling on Hold...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trust Property Dispute. Appellants failed to establish prima facie case and balance of convenience for injunction regarding trust property.

The appellants, who were plaintiffs in Special Civil Suit No.153 of 2008 before the 4th Joint Civil Judge (Sr.Dn.), Amravati, filed an appeal against ...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Bombay High Court Quashes FIR Against Bank for Alleged Criminal Breach of Trust Due to Branch Closure Without Notice. Closure of bank branch without prior notice does not constitute criminal breach of trust under Sections 406, 409 IPC as there is no dishonest misappropriation of deposits.

The applicant, Wainganga Krishna Gramin Bank, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qu...

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Bombay High Court Quashes FIR in Criminal Breach of Trust Case Due to Civil Nature of Dispute. Agreement cancellation and price revision dispute between contractor and client does not constitute criminal breach of trust under Section 406 IPC.

The applicant, Sumeet Kishor Nandeshwar, a businessman running a partnership firm named M/s. UN Multitech Engineers and Contractors, entered into an a...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Declares Title and Possession in Favor of Religious Math. Suit for declaration and possession of trust property decreed as plaintiff Math proved ownership and defendant failed to establish adverse possession.

The appeal arises from a suit filed by the plaintiffs, a public religious trust (Math) and its trustee, seeking declaration of title and possession of...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...