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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 Allows Wife's Maintenance Petition and Husband's Divorce Petition in Matrimonial Dispute. Court Orders DNA Test for Paternity and Grants Visitation Rights to Father.

The judgment arises from three connected criminal writ petitions filed by the wife (Aruna Shukla) and the husband (Omprakash Shukla) and his family me...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...

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High Court of Karnataka Dismisses Appellant's Second Appeals in Property Dispute. Court upholds concurrent findings that appellant failed to prove title and possession over suit properties, finding no substantial question of law under Section 100 CPC.

The appellant, Basavaraj Basavanneppa Pattan, filed six second appeals under Section 100 of the Code of Civil Procedure, 1908, against the judgment an...

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Madras High Court Hears Second Appeal Against Concurrent Findings Dismissing Injunction Suit Based on Compromise Decree. Substantial Questions on Res Judicata and Minor Guardian Not Signing Compromise Raised.

The case involved a second appeal before the High Court of Madras arising out of a suit for permanent injunction filed by the plaintiffs-appellants ag...

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Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

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Bombay High Court Dismisses Appeal Against Trust Property Sale, Upholds Trial Court's Refusal to Set Aside Auction. Suit for setting aside sale of trust property without prior permission under Section 51 of Maharashtra Public Trusts Act, 1950 is not maintainable.

The appellants, who were trustees of the Maheshwari Seva Trust, filed a suit seeking to set aside a sale of trust property that had been conducted by ...

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High Court of Bombay at Nagpur Dismisses Bank's Revision Against Rejection of Plaint in Suit Challenging SARFAESI Action — Civil Court Has Jurisdiction to Entertain Suit Alleging Violation of RBI Guidelines and Fraud.

The case involves a civil revision application filed by Bank of Baroda (applicant/original defendant) challenging an order dated 26/04/2018 passed by ...

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Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...