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Bombay High Court Dismisses Appeal Against Refusal to Injunction EGM in Company Dispute. Court Holds That Requisition for EGM Under Section 169 of Companies Act, 1956 Is Valid Despite Pending Oppression Petitions and That Board's Failure to Call Meeting Within 21 Days Entitles Requisitionists to Call Meeting Themselves....

The case involves a dispute between two groups of shareholders in Man Industries (I) Ltd., represented by two brothers, Ramesh Mansukhani (supporting the appellant company) and Jagdish Chandra Jhamakl...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Share Transaction Dispute — Limitation Period Governed by Limitation Act, 1963 Pursuant to SEBI Circulars. The court held that SEBI circulars override stock exchange byelaws, and the claim filed within three years under the Limitation Act was not barred....

The appeal arose from a judgment of a learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The appellant, Munish Madanlal Bumb (HUF), was a consti...

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Bombay High Court Dismisses Appeal Against Consent Decree as Not Maintainable Under Section 96(3) CPC. Appeal Against Consent Terms Recorded Under Order 23 Rule 3 CPC Is Barred by Law....

The case involves an appeal filed by Girja Shankar G. Gupta and others against an order of a learned Single Judge of the Bombay High Court dated 18 June 2012. The learned Single Judge had accepted Con...

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Bombay High Court Allows Amendment of Probate Petition to Letters of Administration in Succession Case. Petitioner, a legatee, permitted to amend probate petition to one for letters of administration despite delay, following Supreme Court precedent that technical defects should not bar justice....

The petitioner, Shri Abhijit Vijay Sartape, filed a writ petition challenging the order dated 15.3.2012 passed by the learned Civil Judge, S.D., Pandhapur, rejecting his application below Exhibit 65 f...

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High Court of Karnataka Hears Writ Petition Challenging Termination of Probationary Constable in CISF. Petitioner Contends Discharge Was Stigmatic and Without Enquiry; Respondents Argue It Was Simpliciter Under Rule 25(2) of CISF Rules, 2001....

The petitioner, a Constable in the Central Industrial Security Force (CISF), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging his discharge from service during...

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High Court of Karnataka Quashes Criminal Proceedings Against Newspaper Editor and Managing Editor in Defamation Case — Complaint Lacked Specific Allegations Against Accused. Vicarious liability cannot be imposed without specific averments of involvement in publication of defamatory material under Section 499 IPC....

The petitioners, H.N. Dinesh and T.J. Anil, were the owner, editor, printer, publisher and managing editor of a newspaper called Vidhatha. The respondent, Malenadu Abhivrudhdhi Prathisthana, a society...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Cross-Objection in Motor Accident Claim — Negligence and Contributory Negligence Determined Based on Evidence. The court upheld the Tribunal's finding of negligence on the scooter rider and enhanced compensation for the injured claimant under Section 173(1) of the Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 20th March 2006 involving a Bajaj Chetak scooter (KA-14/J-1275) and a bus. The claimant, H.J. Rajendra, was a pillion rider on the scooter driven...

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High Court of Bombay Dismisses Railway's Appeal in Passenger Death Case — Fall from Overcrowded Train Due to Jerk is Untoward Incident. Parents of Deceased Bonafide Passenger Entitled to Compensation Under Section 124A of Railways Act, 1989; Railway's Defence of Fake Ticket and Footboard Travel Rejected for Lack of Evidence....

The case involves an appeal by the Union of India, represented by the General Manager, Central Railway, against the judgment and order dated 18th August 2009 of the Railway Claims Tribunal, Nagpur Ben...

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Bombay High Court Dismisses Insurance Company's Appeal in Workmen's Compensation Case — Insurer Liable to Pay Compensation with Interest and Penalty for Death of Driver in Motor Vehicle Accident. Employer-Employee Relationship Established and Breach of Policy Conditions Not Proved by Insurer Under Workmen's Compensation Act, 1923....

The appeal was filed by the Oriental Insurance Company Ltd. against the judgment and order dated 30-03-2009 passed by the Commissioner under the Workmen's Compensation Act, Amravati in Application (WC...

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High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Deceased Motorcyclist's Contributory Negligence Not Established; Compensation of Rs. 2,50,000 Upheld Under Motor Vehicles Act, 1988....

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 17/8/2004 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition ...