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Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

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High Court of Karnataka Allows Writ Petition Quashing Arbitrator's Orders Refusing to Decide Jurisdiction as Preliminary Issue. Arbitrator Must Rule on Jurisdiction at Threshold Under Section 16 of Arbitration Act, 1940.

The petitioner, M/s. Northroof Ventures Private Limited (formerly M/s. Nitesh Housing Developers Pvt. Ltd.), a company incorporated under the Companie...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Suit Barred by Limitation and Defendant Acquired Title by Prescription. Co-owner's suit for partition filed 19 years after withdrawal of earlier suit held time-barred under Article 65 of Limitation Act, 1963.

The appellant (original plaintiff) and respondent (defendant) are brothers who jointly purchased suit property on 02.01.1978. The plaintiff claimed th...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Dismisses Petitions Challenging Consumer Forum Jurisdiction Over Cooperative Credit Societies. Members of Managing Committees Cannot Claim Immunity from Consumer Forum Orders as Cooperative Credit Societies Provide Services for Remuneration.

This group of writ petitions was filed by members of managing committees of cooperative credit societies challenging the jurisdiction of the District ...

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Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...