Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is maintainable before the Cooperative Court. (Paras 13, ...
The Court reaffirmed its wide powers under Section 446 of the Companies Act. Held that tenancy rights are not considered assets for the purpose of winding up. Stated that the official liquidator’s...
Constitution of India, Article 226 — Writ of Mandamus — Dismissed — Claim for Reinstatement After 27 Years — Petitioner’s Delay and Laches in Asserting Rights — Held: Belated and Stale Cla...
Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration and Conciliation Act, 1996, and the Supreme Court u...
Constitution of India, 1950 (COI) — Article 226 — Judicial Review — Scope of Court’s Interference in Government Contracts — Court Held that Judicial Review is Limited to Cases of Arbitrarine...
Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as it violated RBI Directives, which prohibit the tr...
Distinction Between Conveyance and Development Agreement — Extensive Rights of Developer Held as Conveyance Under Maharashtra Stamp Act, 1958 Substance over form — The actual transfer of rights a...
The court ruled that interest is compensatory in nature and must follow when an employee is deprived of their rightful money. Delay in disbursement of retiral benefits due to pending inquiry entitles ...
a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignment. c) The court upheld the right to withdraw pre-g...
a) Registrar’s powers under Section 11 of the MCS Act are confined to determining the factual eligibility of prospective members. b) Revisional Authority’s intervention unwarranted—No jurisdicti...
