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Bombay High Court Allows Second Appeal in Property Dispute Due to Lack of Fraud Pleadings and Limitation Bar. Suit challenging registered sale deed after 14 years dismissed as plaintiff failed to prove fraud and suit was barred by limitation under Article 59 of Limitation Act.

The case involves a second appeal arising from a suit filed by the plaintiff (respondent no.1) seeking a declaration that a registered sale deed dated...

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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Bombay High Court Allows Reference to Arbitration in Derivative Action Under Arbitration and Conciliation Act. Section 45 Does Not Require Reciprocity of Territory; Disputes Under Buyback Agreement Without Arbitration Clause Covered by Related Agreements' Arbitration Clauses.

The case pertained to a Notice of Motion under Section 45 of the Arbitration and Conciliation Act, 1996 filed by Defendant Nos. 1 and 2 in a suit brou...

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Bombay High Court Delivers Oral Judgment on Petitions Challenging SEBI's Show Cause Notices to Auditors of Satyam Computers. Question of SEBI's Jurisdiction under Sections 11, 11B, and 11(4) of SEBI Act Raised in Wake of Satyam Fraud Disclosure.

The matter arose from writ petitions filed by Price Waterhouse & Co. and other chartered accountant firms along with individual partners challenging t...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Joint Family Property Claim. Jointness Established Despite Gram Panchayat Record in Defendant's Name, Based on Evidence of Joint Residence and Joint Transactions.

The dispute arose between two real brothers, plaintiff-respondent no.1 and appellant-defendant no.1, over a house constructed on a plot in Newasa. Pla...

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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...