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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Dispute as to Existence of Debt. Disputed invoices and lack of proper demand notice under Section 434 of Companies Act, 1956 render winding up proceedings unsustainable....

The appeal arose from an order of the learned Single Judge dated 23 February 2015 admitting a company petition for winding up filed by the respondent, Overseas Polymers Pvt. Ltd., against the appellan...

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Karnataka High Court Allows Revision Petition in VAT Penalty Case — Revised Return Voluntarily Filed Before Notice Valid Under KVAT Act. Penalty under Section 72(2) of the Karnataka Value Added Tax Act, 2003 cannot be imposed when revised return was filed voluntarily before any notice of assessment or penalty....

The revision petitioner, M/s Indus Towers Limited, is engaged in providing passive infrastructure telecom services and is registered under the Karnataka Value Added Tax Act, 2003 (KVAT Act). The dispu...

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High Court of Karnataka Initiates Suo-Motu Criminal Contempt Proceedings in ISKCON Property Dispute – Judge's Integrity Questioned via Anonymous Letter. Court Holds that Sending Photographs with Inflammatory Captions Amounts to Blackmail and Scandalizing the Court, Prima Facie Contempt Under Section 2(c) of Contempt of Courts Act, 1971....

The High Court of Karnataka initiated suo-motu criminal contempt proceedings against certain individuals associated with ISKCON and advocates, arising from an incident during the hearing of a regular ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent....

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional Civil Judge (Sr. Dn.), Mangalore, in R.A. No.27/20...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Homicide and Inconsistencies in Prosecution Case. Conviction under Sections 498-A, 302, 201 IPC set aside as death was consistent with suicide and no proof of cruelty or murder....

The appellant, Nitin Digamber Kothawade, was convicted by the Additional Sessions Judge, Nashik for offences under Sections 498-A, 302, and 201 IPC for the death of his wife Surekha. The marriage took...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions....

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auctioning a property. The property, CTS No.1194/27A ...

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Bombay High Court Upholds Arbitral Award in Film Production Dispute; Rejection of Producer's Damages Claim and Award of Costs Against Actor Stand. Court Finds No Perversity in Arbitrator's Finding That Claimant Failed to Prove Agreement with Gemini Industries, While Breach of Consent Terms Justified Costs of Rs.12 Lakhs....

The dispute arose between Ajay Singh, an actor, and Suneel Darshan, a film producer, regarding the production of a film. In 2007, the parties entered into consent terms before an arbitrator, agreeing ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commodity Brokerage Dispute — Upholds Tribunal's Finding That Broker Failed to Prove Client's Liability. Member Client Agreement and Running Account Basis Did Not Shift Burden of Proof to Client Under Section 34 of Arbitration and Conciliation Act, 1996....

The petitioner, Bonanza Commodities Brokers Pvt. Ltd., a member of Multi Commodity Exchange of India Ltd. (MCX), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challen...

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Bombay High Court Dismisses Appeal in Property Dispute Between Mother and Son — Upholds Injunction Against Alienation of Suit Property. The court held that a mother who is a co-owner and in possession of the property is entitled to protect her right of residence and prevent dispossession by her son and his family....

The dispute arose between Smt. Vasanti Rama Shetty (the respondent/original plaintiff), a 76-year-old widow, and her son Shri Premnath Rama Shetty along with his wife and daughter (the appellants/orig...