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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

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Supreme Court Dismisses Port Trust's Appeal in Licence Fee Recovery Case Due to Limitation Bar. Recovery Proceedings Under Public Premises Act, 1971 Held Time-Barred as Cause of Action Arose in 2010 and Proceedings Initiated in 2015 Exceed Three-Year Limit Under Limitation Act, 1963.

The dispute arose from the New Mangalore Port Trust (NMPT) allotting land to licensees for loading and unloading goods, with licence fees subject to r...

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High Court of Bombay Allows Writ Petition Challenging DRT Order on Condonation of Delay in Review Application — Limitation for Review Under Section 17 of Recovery of Debts and Bankruptcy Act, 1993 Governed by Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition under Article 226 of the Constitution of India challenging an or...

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Bombay High Court Dismisses Appeal by Electricity Company in Lease Dispute, Upholds Decree for Possession. Lease Terminated by Efflux of Time and Notice Under Section 106 of Transfer of Property Act, 1882, Suit Filed Within Limitation Under Article 67 of Limitation Act, 1963.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the Maharashtra Rajya Veej Vitaran Company (appella...

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Supreme Court Grants Leave to Appeal Against High Court Order Upholding CLB's Condonation of Delay in Share Transmission Registration. Core Issue Revolves Around Interpretation of Section 58(3) of Companies Act, 2013 and the CLB's Inherent Powers to Apply Limitation Act Provisions.

The dispute centered on the condonation of a 249-day delay in filing an appeal under Section 58(3) of the Companies Act, 2013 before the Company Law B...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Corrigendum to Award Does Not Extend Limitation Period for Challenging Original Award

The petitioners, Karuppiah Mahalingam and others, had availed a loan against mortgaged property from Kotak Mahindra Bank Limited. They defaulted on re...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...

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Bombay High Court Dismisses Appeal Against Rejection of Condonation of Delay in Filing Section 34 Application Under Arbitration Act. Delay of 30 Days Beyond Three-Month Period Not Condonable as Per Section 34(3) Proviso.

The appellant, Nagrik Sahakari Rugnalaya and Research Center Limited, a cooperative society, challenged an arbitral award dated 10.11.2021 passed by t...