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High Court Allows Transfer of Winding-Up Proceedings to NCLT Under Companies Act Section 434(1)(c) - Applicant Successfully Seeks Transfer for Corporate Insolvency Resolution Under IBC

The Bombay High Court allowed the transfer of winding-up proceedings against Patheja Forgings & Auto Parts Manufacturing Ltd. to the National Comp...

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Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963.

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, wh...

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Bombay High Court Allows Appeal Under Section 6 of Specific Relief Act for Possession Based on Prior Possession. The court held that the appellant had established prior possession and dispossession without consent, entitling her to a decree for possession under Section 6 of the Specific Relief Act, 1963.

The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Ha...

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Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...