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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Partition and Adverse Possession. The court held that the appellant failed to prove exclusive title and that the suit was barred by limitation and res judicata.

The case involves a property dispute over Gut No. 152, Old Survey No. 76, admeasuring 5H 36R (13 acres) at Village Pimpri, Taluka Khurd, District Aura...

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High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

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High Court of Karnataka Quashes Registrar's Order and Sale Deed in Co-operative Society Dispute — Violation of Natural Justice and Bye-laws. Petitioner's Membership and Right to Property Upheld as Registrar Failed to Provide Hearing Before Approving Transfer of Shares and Sale of Site.

The petitioner, Smt. Siddamma, aged 75, is the wife of late S.K. Narasimhaiah and a member of Bhavani Housing Co-operative Society Limited (respondent...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...