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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Dismisses Appeals Against Winding Up Order for Non-Payment of Debts Under Companies Act, 1956. Debt Acknowledged in Balance Sheets and Not Disputed, Constituting Admission of Liability Under Section 433(e) and 434 of Companies Act, 1956.

The judgment arises from four appeals filed by M/s. RojeeTasha Stampings Private Ltd., M/s. Automotive Metal Stampings Pvt. Ltd., M/s. Ganage Pressing...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award in LPG Distributorship Dispute. The court held that the District Judge's refusal to set aside the award under Section 34 was not perverse and that the award was not in conflict with public policy.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed by M/s. Bharat Petroleum Corporation Limited challenging the judgm...

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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.

The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...

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Bombay High Court at Goa Disposes of Appeals and Revision in Kidnapping and Murder Case. Conviction under Sections 364-A, 302, 201, 120-B of IPC and Section 8 of Goa Children's Act, 2003, was Challenged by Accused, and State Appealed Against Set-Off under Section 428 CrPC.

The High Court of Bombay at Goa heard together five criminal appeals and one criminal revision application arising from the judgment and order dated 2...