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High Court of Karnataka Allows Appeal in Company Winding Up Case — Dispute Over Director's Remuneration Not a Debt Under Section 433(e) of Companies Act, 1956. Claim for remuneration by a former director cannot be the basis for winding up petition as it is not a debt due and payable.

The appeal was filed by M/s Atalanta Pumps Private Limited against an order dated 5.7.2012 passed by the Company Judge in Company Petition No.121/2009...

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High Court of Karnataka Allows Appeal in Trust Property Dispute — Declares Title and Possession in Favor of Religious Math. Suit for declaration and possession of trust property decreed as plaintiff Math proved ownership and defendant failed to establish adverse possession.

The appeal arises from a suit filed by the plaintiffs, a public religious trust (Math) and its trustee, seeking declaration of title and possession of...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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Bombay High Court Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; mere denial of signature on cheque not sufficient to rebut presumption.

The appellant, Dharampeth Mahila Urban Credit Cooperative Society Limited (now Dharampeth Mahila Multi State Cooperative Society Limited), filed a cri...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Bombay Heard Appeal Against Dismissal of Widow's Partition Suit. Court Examined Claim of Absolute Ownership Under Section 14(1) Hindu Succession Act and Entitlement Under Jamkhandi State Act.

The dispute pertained to the joint Hindu family estate of Sir Parshuram Bhau Patwardhan, the erstwhile ruler of Jamkhandi, who died in 1924. His secon...

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High Court of Judicature at Bombay Appoints Sole Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in a Commercial Contract Dispute. Appointment Made after Respondent Failed to Prove Valid Appointment of Arbitrator Despite Alleged Forfeiture of Right.

The dispute arose from an agreement dated 8 January 2003 between Voltas Limited (applicant) and Rolta India Limited (respondent) for the supply, erect...