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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Dismisses Petition Challenging Society's Transfer of Membership Based on Voluntary Relinquishment of Rights. Petitioner's claim of adoption and nomination defeated by her own affidavits and agreements admitting respondent as lawful heir.

The dispute pertains to a plot of land and flats in a cooperative housing society registered under the Bombay Co-operative Societies Act, 1925. The or...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit. Order 39 Rule 2A CPC Detention for One Month Confirmed as Appellant Executed Sale Deed Despite Restraint Order.

The appellant, Sri Ananda Reddy, was the second defendant in a partition suit (O.S.No.7674/2001) filed by the respondents, Smt. Radhamma and Smt. Nali...

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High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit — Willful Disobedience of Court Order Attracts Civil Prison Under Order 39 Rule 2A CPC.

The case arises from a partition suit filed by the respondents (plaintiffs) seeking 2/9th share in suit schedule properties. The Trial Court passed an...