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High Court of Karnataka Considers Application Under Section 434 Companies Act Seeking Transfer of Winding-Up Petition to NCLT. Applicant Argues No Irreversible Steps Taken, Citing Supreme Court Precedent.

The matter arose from a Company Petition filed in 2010 seeking winding up of Broadcast Infratel India Private Limited on grounds of unpaid admitted de...

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Bombay High Court Dismisses Petition Seeking Variation of Consolidation Scheme Under Section 32 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1948 — Scheme Finalized in 1990 Cannot Be Varied After 29 Years Due to Laches and Lack of Jurisdiction.

The petitioners, Kisan Bhimrao Patil and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded.

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civi...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Trial Court's Direction for Enquiry Without Pleadings Set Aside. Direction for mesne profits enquiry under Order XX Rule 12 CPC without any pleadings or prayers in the suit is unsustainable.

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an...

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Bombay High Court Dismisses Petition Challenging Sale of Fragment to Adjacent Owner Under Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Sale of Fragment to Owner of Adjacent Survey Number is Valid as 'Contiguous Owner' Includes Owner of Adjacent Land.

The petitioner, Balwantrao Bhagwantrao Deshmukh, filed a writ petition challenging the sale of a fragment of land (Survey No. 7/1) by respondent No. 1...