Search Results for "property fraud"

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Res Judicata Bar. Suit challenging earlier decree held barred by res judicata as the issue of title was directly and substantially in issue in previous proceedings.

The case involves a second appeal arising from a suit filed by the Appellants (original plaintiffs) seeking a declaration that the judgment and decree...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Bombay High Court Allows Retired Bank Employee's Petition Against Unilateral Withholding of Pension. Pension is a property right and cannot be stopped without show cause notice or disciplinary proceedings under Bank of Maharashtra Pension Regulations.

The petitioner, Devanand s/o Galomal Nichwani, was a computer operator/clerk at Bank of Maharashtra, Jaripatka Branch, Nagpur. He opted for voluntary ...

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Bombay High Court Allows Interim Application for Appointment of Court Receiver in Property Dispute Over Extra FSI Entitlement. Dispute concerns interpretation of Deed of Conveyance dated 27.09.1994 regarding additional area rights.

The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registere...

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Bombay High Court Upholds Tribunal's Power to Void Gift Deed Under Senior Citizens Act — Son Directed to Hand Over Possession of Flat to Parents. Gift Deed Executed by Parents in Favor of Son Declared Void as Parents Were Not Provided Basic Amenities and Were Subjected to Ill-Treatment.

The Petitioner, Ashwin Ramesh Soni, is the son of Respondent Nos.1 and 2, Ramesh Bachaulal Soni and Beena Ramesh Soni, who are senior citizens aged 68...