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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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Extension of Time for Hotel Construction Without Additional Lease Premium. Court Sets Aside CIDCO’s Termination Notice, Grants Extension for Hotel Project with Waiver of Additional Lease Premium

Arbitrary Action Violates Article 14: The Court held that CIDCO’s actions were arbitrary and violated the principles of equality under Article 1...

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Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to R...

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High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is main...

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Bombay High Court Ordered Official Liquidator to Handover Possession of Tenanted Premises to the Landlords. The Court Held That Tenancy Rights Cannot Be Considered as Assets of the Company in Liquidation and Directed the Official Liquidator to Return Possession of Flats in Question.

The Court reaffirmed its wide powers under Section 446 of the Companies Act. Held that tenancy rights are not considered assets for the purpose of wi...

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, ...

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High Court Recalls Order Due to Violation of RBI Directives and Unlawful Compromise Affecting Third-Party Rights. Recall of Order Based on Unlawful Compromise in Loan Assignment Dispute

Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Supreme Court Upholds Conviction for Dowry Death Under Section 304-B IPC — Demand for Job Money Constitutes Dowry Demand. Presumption Under Section 113-B Evidence Act Shifts Burden on Accused to Disprove Dowry-Related Harassment Soon Before Death.

The appellant, Virender Pal @ Vipin, was convicted under Section 304-B of the Indian Penal Code, 1860 (IPC) for the dowry death of his wife, Punita al...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...