Search Results for "Limitation Act, 1908"

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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High Court of Karnataka Considers Second Appeals Challenging Common Judgment Declaring Sale Deed Null and Void and Granting Possession. The Appeals Arise from Disputes Over Validity of Registered Sale Deed, Limitation for Declaration, and Non-Consideration of Additional Evidence Application.

Two second appeals were filed under Section 100 of the Code of Civil Procedure, 1908 against the common judgment and decree of the VII Additional Dist...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable.

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs A...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...

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Bombay High Court Division Bench Hears Appeal Against Joint Charity Commissioner's Order Appointing Trustees to Vishwa Punarnirman Sangha Under Maharashtra Public Trusts Act, 1950; Question of Maintainability of Appeal Against Administrative Directions Under Section 41‑A Referred to Division Bench

The appeal arose from an order dated 19 May 2016 passed by the Joint Charity Commissioner, Mumbai, in Application No. 74/2015 under Sections 47 and 41...