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High Court of Karnataka Allows Appeal in Company Winding Up Case — Dispute Over Director's Remuneration Not a Debt Under Section 433(e) of Companies Act, 1956. Claim for remuneration by a former director cannot be the basis for winding up petition as it is not a debt due and payable....

The appeal was filed by M/s Atalanta Pumps Private Limited against an order dated 5.7.2012 passed by the Company Judge in Company Petition No.121/2009, whereby the petition for winding up was admitted...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956....

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his adoptive father, Late Nanjappa, and for partition an...

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Bombay High Court Dismisses Plaintiff's Suit for Possession in Property Dispute — Unregistered Agreements for Sale of Tenanted Premises Held Invalid for Want of Registration Under Section 17 of the Registration Act, 1908. The court held that unregistered conveyances do not confer title and cannot be used to claim possession against tenants....

The plaintiff, Parwan Construction Pvt. Ltd., filed a suit for possession of Unit No.1C admeasuring 976 sq. ft. against the defendants, claiming ownership through a chain of conveyances. The original ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of the Constitution Violated as Statements of Co-Accused Not Supplied....

The petitioner, wife of the detenu Kirti Vanabhai Patel, filed a habeas corpus petition under Article 226 of the Constitution challenging the detention order dated 29th September 2014 passed by Respon...

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Bombay High Court Allows Return of Complaints in NI Act Cases Where Stage Under Section 145(2) Not Reached. Filing of Affidavit of Evidence Does Not Conclude Examination-in-Chief Under Section 145(2) of Negotiable Instruments Act, 1881....

The petitioner, Rajesh Ashok Ranpura, filed four criminal writ petitions challenging orders passed by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, rejecting his applications for returni...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 23rd December, 2011. The dispute aros...

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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined....

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company KG (a German company) and D.B. Shipping LLC (a UA...

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Bombay High Court Dismisses Petition Challenging Approval of Headmaster Appointment in Educational Institution Dispute. Petitioner Failed to Establish Valid Management Committee at Time of Proposal, Hence No Ground for Certiorari....

The petitioners, Adarsh Vidyalaya Shikshan Samiti through its President and General Secretary, filed a writ petition before the Bombay High Court at Aurangabad challenging an order dated 12.11.2014 pa...

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Bombay High Court Allows Writ Petition Challenging Withdrawal of Approval of Appointment of Assistant Teacher. Education Officer's Order Quashed for Violation of Principles of Natural Justice and Lack of Opportunity of Hearing....

The petitioner, Vankatesh s/o Jaiprakash Gangamwar, was appointed as an Assistant Teacher at Vidya Niketan Girls Secondary School, Biloli, a 100% grant-in-aid school. Following the promotion of a seni...

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Bombay High Court Quashes Caste Scrutiny Committee Order Invalidating OBC Claim for Jangam Caste. Committee Failed to Consider Relevant Documents and Applied Incorrect Standard of Proof, Violating Principles of Natural Justice....

The petitioner, Mahadevi d/o Ramling Mathpati, filed a writ petition challenging the order dated 7/4/2010 passed by the Scheduled Caste, Vimukta Jati, Nomadic Tribe, Other Backward Class & Special Oth...