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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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High Court of Bombay Hears Writ Petition Seeking Quashing of Order and Reference under Section 92BA(i) of Income Tax Act, 1961. Petitioner challenges classification of three transactions as Specified Domestic Transactions based on related party and expenditure definitions.

The petitioner, HDFC Bank Ltd., a banking company, filed a writ petition under Article 226 challenging an order and reference passed by the Assistant ...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...

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Bombay High Court Dismisses Appeal in Land Acquisition Compensation Apportionment Dispute. Co-owners entitled to equal share in compensation absent proof of exclusive possession or title.

The case arises from a land acquisition proceeding where the Government acquired land admeasuring 1 Acre 26 Gunthas and 8 Annas from Survey No. 26/9 o...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

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Karnataka High Court Hears Regular First Appeal Against Partition Decree. Trial Court Decreed Suit for Partition and Separate Possession, Determining Shares Among Legal Heirs of Gregory and Alphonsus Coelho.

The appeal arose from a suit for partition and separate possession filed by Ruth Lobo (plaintiff/first respondent) against the legal heirs of Gregory ...

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Supreme Court Upholds Financial Commissioner's Decision, Dismisses Sub-Tenants' Appeal to Purchase Land. Interpretation of 'Landowner' and 'Tenant' Under Punjab Security of Land Tenures Act, 1953 Precludes Sub-Tenants from Claiming Purchase Rights Under Section 18.

The Supreme Court of India considered an appeal by two sub-tenants, Jaimal and Ram Singh, who had occupied agricultural land for over 30 years as sub-...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...