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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered.

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. Th...

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Bombay High Court Allows Petition in Customs Case — Redemption Fine and Penalty Reduced for Import of Used Personal Effects. Gold chain with diamond pendant held to be 'personal effects' under Baggage Rules, 1998, entitling duty-free import.

The petitioner, a US citizen of Indian origin, arrived in Mumbai on 6th May 2007 from New York. He was wearing a gold chain with a pendant embedded wi...

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Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

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Bombay High Court Allows Writ Petition Challenging Auction Sale Confirmation in Cooperative Bank Recovery Proceedings. Vested Right in Auction Purchaser Not Accrued Until Sale Confirmation by Competent Authority Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Aniruddha Sadashiv Pande, a journalist from Yavatmal, had taken a loan from the Yavatmal Urban Cooperative Bank Ltd. (respondent no.3)...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

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Supreme Court Dismisses Landlord's Appeal, Upholds Tenancy Rights of Mortgagee's Tenants Under Rajasthan Tenancy Act. Tenants Inducted by Mortgagee Gain Khatedar Status Under Section 15 of Rajasthan Tenancy Act, 1955, and Cannot Be Ejected Upon Redemption of Mortgage.

The Supreme Court adjudicated an appeal arising from an ejectment suit by the appellant-landlord against respondents-tenants who were inducted by a mo...