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Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

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Bombay High Court on Restrictive Covenants in Redevelopment

The Bombay High Court considered three interim applications arising from a suit between two cooperative housing societies concerni...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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High Court of Karnataka Quashes Mutation Entry Orders in Land Dispute — Failure to Provide Opportunity of Hearing Violates Principles of Natural Justice. Mutation entries made without notice to petitioners set aside under Karnataka Land Revenue Act, 1964.

The petitioners, Damodar Vittal Kamath and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Bombay High Court Hears Appeal Against Company Law Board Order Dismissing Petition. Court Frames Questions on Applicability of Section 111A and Section 43A of Companies Act, 1956 to Deemed Public Company.

The appeal arose from a company petition filed by the appellants, members of the Kavasmaneck family, before the Company Law Board, Mumbai, alleging op...