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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Madras High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Title and Possession. Plaintiff's Title Based on Registered Sale Deed and Long-Standing Possession Prevails Over Defendant's Claim of Adverse Possession.

The case involves a property dispute between the plaintiff, N. Natarajan, and the defendants, A. David (appellant) and A. Dennis. The plaintiff filed ...

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Bombay High Court Dismisses Appeal in Property Dispute Over Succession and Title — Upholds Trial Court's Finding That Plaintiff Failed to Prove Ownership. Succession Certificate Not Conclusive Proof of Title; Plaintiff Must Establish Independent Right to Property.

The appellant, Madhukar Venkatesh Ullal, filed a suit in the Bombay High Court seeking declaration of title and possession of a property. He claimed t...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Bombay High Court Directs State to Withdraw POTA Prosecution Following Review Committee's Finding of No Prima Facie Case. The Court holds that direction under Section 2(3)(a) of Prevention of Terrorism (Repeal) Act, 2004 is binding and results in automatic deemed withdrawal, overriding Section 321 CrPC.

The case involved two accused, Mohd. Rizwan and Mohd. Hassan, who were being tried under the Prevention of Terrorism Act, 2002 (POTA) along with other...

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Bombay High Court Examines Jurisdiction of Customs Settlement Commission Under Sections 127A and 127B of the Customs Act, 1962 in Ten Writ Petitions. Whether Settlement Commission’s Authority Extends Beyond Short Levy Due to Misclassification to Cases Involving Fraud Is the Central Question.

The High Court of Judicature at Bombay heard ten writ petitions together, all involving a common legal question concerning the jurisdiction of the Set...