Search Results for "second petition maintainability"

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Bombay High Court Dismisses Appeal Against Winding Up Order in Company Petition — No Grounds Made Out to Interfere with Company Judge's Discretion. The Court held that the winding up order was justified as the company was unable to pay its debts and it was just and equitable to wind up the company.

The judgment pertains to an appeal filed by Reminiscent India Television Ltd against an order dated 27 July 2010 passed by the learned Company Judge i...

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High Court of Bombay Dismisses Husband's Petition Challenging Interim Maintenance Order Under Domestic Violence Act. Muslim Wife's Claim for Interim Maintenance Upheld Despite Husband's Talaq and Muslim Personal Law.

The case involved a challenge by the husband against an interim maintenance order passed by the Family Court at Bandra in favor of his wife and two mi...

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High Court of Karnataka Recalls Earlier Conviction Order and Re-Hears Appeal on Maintainability of Section 378(4) Cr.P.C. in Cheque Dishonour Case. Court Addresses Whether Second Appeal Lies Against Acquittal by First Appellate Court Under Negotiable Instruments Act.

This criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973 arose from a cheque dishonour complaint under Section 138 of the Neg...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Agreement to Sell Not Proved as Genuine Transaction Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, T. Narayana, filed a Regular First Appeal before the High Court of Karnataka against the dismissal of his suit for specific performance...