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Found 2018 result(s)

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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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Karnataka High Court Hears Writ Petition Challenging Condonation of Delay in Filing Arbitration Application Under Section 34 of Arbitration Act. Dispute Centers on Whether Limitation Runs from Original Award or Belated Correction Order When Section 33 Application Filed Beyond 30 Days.

The writ petitions challenged the order of the Commercial Court condoning the delay in filing arbitration suits under Section 34 of the Arbitration an...

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Bombay High Court Dismisses Application to Condone 1503-Day Delay in Restoration of Suit — Lack of Sufficient Cause for Inordinate Delay. Condonation of Delay Denied as Plaintiff Failed to Explain Delay of Over Four Years in Seeking Restoration of Suit Dismissed for Want of Prosecution.

The plaintiff, Metal Rolling Works Ltd., filed an interim application under Section 5 of the Limitation Act, 1963, seeking condonation of a 1503-day d...

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Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

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Karnataka High Court Considers Validity of Reassessment Notices Issued Under Section 148 of the Income Tax Act, 1961. Core Contention Revolves Around Limitation Period and Applicability of Section 150 in Light of Tribunal Order Quashing Original Assessment.

The writ petitions were filed by LTIMindtree Limited, a public limited company engaged in software development and export, challenging reassessment pr...