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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Income Assessment Upheld. Tribunal's Award of Rs. 88,46,000/- with 12% Interest Confirmed as Based on Evidence.

The case arises from a motor accident claim petition filed by the respondents (claimants) being the wife, daughter, and mother of the deceased Dilip M...

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WRIT PETITION NO.6789 OF 2016

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Karnataka High Court Dismisses Writ Petition by Two Companies Challenging Gratuity Payment Order — Payment of Gratuity Act, 1972. Employee's continuous service under same management entitles him to gratuity despite separate corporate identities.

The petitioners, Varma Industrial Private Limited and IBC Knowledge Park Private Limited, challenged the order dated 31.05.2018 passed by the Assistan...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Sale Agreement for Rs.4,75,000 with Rs.75,000 advance; plaintiff always ready and willing; defendant's unilateral rescission invalid.

The case arises from a suit for specific performance of a sale agreement dated May 26, 2006, whereby the plaintiff (first respondent) agreed to purcha...

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Karnataka High Court Pronounces Order on Constitutional Challenge to Karnataka On-demand Transportation Technology Aggregators Rules, 2016. Petitioners Assert Rules Ultra Vires Motor Vehicles Act, 1988 and Violative of Freedom of Trade and Commerce Under Articles 14, 19(1)(g), and 301 of the Constitution.

The Karnataka High Court considered a batch of writ petitions challenging the constitutional validity of the Karnataka On-demand Transportation Techno...

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High Court of Karnataka Hears Writ Petitions Challenging Karnataka On-Demand Transportation Technology Aggregators Rules, 2016. Petitioners Allege Rules Are Ultra Vires Motor Vehicles Act, 1988 and Violate Fundamental Rights.

The writ petitions arose from the notification of the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, by the State Government o...