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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Supreme Court Dismisses Plaintiff’s Appeal in Hindu Succession Case — Doctrine of Pious Obligation Applied to Tamil Vannian Christians. Endorsee of Promissory Note Entitled to Sue Non-Executant Coparceners Where Endorsement Transfers Debt under Hindu Law

The dispute arose out of a suit for partition and declaration filed by the appellant (plaintiff), the son of the eighth defendant, against the first r...

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Supreme Court Dismisses Appeal in Property Dispute Over Execution of Decree — Doctrine of Merger and Extension of Time Under Section 148 CPC Upheld. Executing Court's Power to Extend Time for Deposit of Advance Money Not an Alteration of Decree When Appellate Court Did Not Fix Time Limit.

The present appeal arises from a property dispute concerning 'A' and 'B' schedule properties in Pondicherry. The appellant entered into a sale agreeme...

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Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

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Supreme Court Allows Appeal in Gift Deed Dispute: Donor's Legal Representatives Have Locus to Challenge Collusive Exchange of Donated Property. Exchange of School Property by Principal and President Without Society Resolution Held Illegal and Void.

The case involves a dispute over a property donated by Smt. Randhir Kaur to Doaba Public School via a registered Gift Deed dated 27.05.1981 for educat...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Quashes Reassessment Notice Issued to Deceased Assessee Without Substituting Legal Heir — Notice Under Section 148A(b) and 148 of Income Tax Act, 1961 Held Invalid as Proceedings Not Initiated Against Proper Person

The petitioner, Dhirendra Bhupendra Sanghvi, as the legal heir of Late Smt. Ushaben Bhupendra Sanghvi (the deceased assessee), filed a writ petition u...

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Bombay High Court Dismisses Appeal in Trust Property Dispute — Will and Gift Deed Upheld. Court holds that a will executed by a Hindu widow in 1943 was valid and that a subsequent gift deed by a co-owner was binding on the property.

The case involves a dispute over a house property originally owned by Adkuji Palandurkar. After his death, his widow Manabai and other heirs inherited...