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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

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High Court

Bombay High Court Allows Winding Up Petition Under Sections 433(e) and 434 of Companies Act, 1956 for Non-Payment of Debt Despite Dishonour of Cheques and Pending Criminal Complaints. The court held that the company is deemed unable to pay its debts under Section 434(1)(a) and ordered winding up, rejecting the argument that pending proceedings under Section 138 of the Negotiable Instruments Act, 1881 constitute a bona fide dispute.

1 Apr 2005

The petitioner, M/s. Rasiklal Ratilal and M/s. Rasiklal Ratilal Trading P. Ltd., filed two company petitions under Sections 433(e) and 434 of the Comp...

High Court

High Court of Bombay at Goa Dismisses Appeal by Konkan Railway Corporation in Land Acquisition Compensation Case — Enhancement of Compensation from Rs.9 to Rs.41 per sq. metre Upheld. Reference Court's reliance on comparable sale deed and rejection of belated sale instances upheld as proper exercise of discretion under Land Acquisition Act, 1894.

27 Apr 2005

The case pertains to an appeal by the Special Land Acquisition Officer and the Chief Engineer of Konkan Railway Corporation Limited against the judgme...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Shop Due to Failure to Prove Valid and Concluded Contract. Plaintiff failed to establish that the agreement was final and binding, and the suit was barred by limitation.

20 Apr 2005

The plaintiff, Shriram Gangaram Gupta, filed a suit in 1980 seeking a declaration that there was a valid and concluded agreement with Defendants Nos. ...

High Court

Bombay High Court Allows Writ Petitions Against Levy of Excise Duty on Fabrication and Construction of Structurals - Activities Do Not Amount to Manufacture Under Section 2(f) of Central Excise Act, 1944. Fabrication at site results in immovable property, not excisable goods.

29 Apr 2005

The judgment concerns two writ petitions under Article 226 of the Constitution of India filed by M/s Shapoorji Pallonji & Co. and Ceat Tyres of India ...

High Court

Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind — Failure to Consider Bail Conditions and Lack of Proximity Between Grounds and Detention. The court held that the detaining authority's failure to consider the conditions of bail and the staleness of the grounds vitiated the detention order under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981.

9 Aug 2005

The petitioner, Shadab Siddiq Khan @ Shadab Chikna, was detained under an order dated 17th November 2004 issued by the Commissioner of Police, Brihan ...

High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition Under MIDC Act — Notice and Notification Upheld as Valid. Petitioners failed to demonstrate any illegality in acquisition proceedings under the Maharashtra Industrial Development Corporation Act, 1961.

18 Aug 2005

The petitioners, Baban Haribhau Yadav, Mansingh Haribhau Yadav, and Pratap Haribhau Yadav, owned and possessed agricultural land bearing plot No.425, ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

20 Dec 2005

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

16 Dec 2005

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

High Court

Bombay High Court Dismisses Writ Petitions Against DRT Orders Due to Availability of Alternative Remedy Under Section 20 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Petitioner's challenge to DRT's decision to hear main case after dismissing interlocutory applications fails as review remedy was exhausted and appeal remedy remains available.

12 Dec 2005

The petitioner, Gangaram Biseshwar Agrawal, was defendant No. 2 in three recovery suits filed by Canara Bank, Union Bank of India, and State Bank of I...

High Court

Bombay High Court Dismisses Petition Challenging Inclusion of Scheduled Areas in Palghar Municipal Council Limits. Court holds that notification under Municipalities Act prevails over earlier scheduled area declaration.

21 Feb 2005

The petitioners, residents and members of Gram Panchayats of revenue villages Aliyali, Tembhode, Lokmanya Nagar, Vevoor, and Gholveera, filed a writ p...

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