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Bombay High Court Allows Winding Up Petition to Proceed Despite Pending Arbitration — Arbitration Does Not Bar Winding Up Proceedings Under Section 439 of Companies Act, 1956. The Court held that winding up proceedings are independent of arbitration and the Company Court must consider the petition on its merits without postponement due to arbitration....

The appellant, M/s. Corporate Ispat Alloys Ltd., filed a winding up petition under Section 439 of the Companies Act, 1956 against the respondent, M/s. Jayaswal Neco Industries Ltd., claiming that the ...

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Bombay High Court Dismisses Petition of Gram Panchayat Employee Challenging Dismissal for Indecent Behaviour. Termination Order Upheld as Gram Panchayat Had Power to Dismiss Under Section 61(1) of Maharashtra Village Panchayats Act, 1958 and Procedure of Natural Justice Was Followed....

The petitioner, Ashok Govindrao Sardar, was appointed as a Water Supply employee of Gram Panchayat Pimpalkhuta on 31 January 1986. On 12 December 2012, the Sarpanch issued a notice to him alleging ind...

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Bombay High Court Upholds Valuation of Partners' Interest in Firms Based on Market Quotation of Shares as on Assessee's Valuation Date in Wealth Tax Reference. The court held that the valuation date for the assessee's interest in a firm is the assessee's own valuation date, not the firm's accounting year-end, under the Wealth-tax Act, 1957....

This is a reference under the Wealth-tax Act, 1957, arising from eight reference applications by different assessees (members of the Bajaj family) after adjudication by the Income Tax Appellate Tribun...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963....

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 passed by the Additional District Judge, Sangli, w...

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CUSTOMS APPEAL NO. 100 OF 2012...

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Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour....

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional Sessions Judge, Mangaon, which confirmed the issuan...

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Bombay High Court Dismisses Petition Challenging Prosecution Under Section 138 NI Act Against Partner Without Joining Firm. Partner Can Be Prosecuted Individually as Vicarious Liability Under Section 141 NI Act Extends to Every Person in Charge of Business....

The Bombay High Court decided four criminal writ petitions involving the same parties and a common question of law: whether a prosecution under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Dismisses Defendant's Application for Leave to Produce Additional Documents in Suit for Specific Performance of Gas Supply Contract. Court Holds That Internal Documents Sought to Be Produced Were Neither Relevant Nor Disclosed in Earlier Affidavits, and Application Was a Malafide Dilatory Tactic....

The chamber summons arose in a suit filed in 2005 by NTPC Ltd. against Reliance Industries Ltd. for a declaration that a valid and binding contract existed for the supply of natural gas and for its sp...