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Bombay High Court Allows Second Appeal in Property Dispute Due to Lack of Fraud Pleadings and Limitation Bar. Suit challenging registered sale deed after 14 years dismissed as plaintiff failed to prove fraud and suit was barred by limitation under Article 59 of Limitation Act.

The case involves a second appeal arising from a suit filed by the plaintiff (respondent no.1) seeking a declaration that a registered sale deed dated...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Bombay High Court Hears Writ Petition Against College Tribunal's Reinstatement Order; Res Judicata and Reservation in Lecturer Appointment Dispute Key Issues

The Bombay High Court heard a writ petition filed by the Secretary of an educational society and the Principal of a college challenging the judgment o...

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Bombay High Court Dismisses Petitioners' Challenge to Tenancy Rights in Third Round of Litigation. Respondent's Adoption by Widow Before Tillers Day Confers Tenancy Rights Under Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a long-standing dispute over tenancy rights in two agricultural lands (Survey No.37/4 and 38/6) in Village Kharshi, Satara District....

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Supreme Court Allows Appeal in IBC Limitation Case, Holds Section 7 Application Time-Barred Under Article 137 of Limitation Act. The Court ruled that Article 62 of Limitation Act applies only to suits, not to applications under Section 7 of IBC, and time-barred debts cannot be revived under the Code.

The case involves an appeal against the judgment of the National Company Law Appellate Tribunal (NCLAT) which had dismissed the appellant's appeal and...