Search Results for "Vague Averments"

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Bombay High Court Holds Respondents in Contempt for Breach of Injunction Order. Resolutions Increasing Authorised Capital and Alloting Shares While Restrained from Exercising Rights on Shares Amount to Wilful Disobedience.

The appeal arose from Suit No.3121 of 2004, where the appellants (original plaintiffs, Gopal L. Raheja & Anr.) claimed that the respondents (original ...

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Supreme Court Dismisses Appeal in Company Winding Up Petition Under Companies Act, 1956 Due to Lack of Bona Fide Dispute. Concurrent Findings Upheld as Appellant's Defence Was Vague and Non-Specific in Reply to Statutory Notice Under Sections 433(e) and 434.

The dispute arose from a transaction where the respondent, a manufacturer of acrylic yarn, supplied material on credit to the appellant. The appellant...

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High Court of Bombay Upholds Maintainability of Suit on Valuation for Court Fee and Jurisdiction in Patent Ownership Dispute. Suit Valuation at Plaintiff's Discretion Under Sections 8 and 9 Bombay Court Fees Act, 1959, Cannot Be Overruled Absent Evidence of Incorrect Valuation.

The suit was filed by Jer Rutton Kavasmaneck and another against Gharda Chemicals Ltd. and others seeking declarations, injunctions, and accounts rega...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments. Directors Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Allegations of Their Role in Company's Day-to-Day Affairs.

The petitioners, who were directors of the accused company, filed a criminal writ petition under Article 226 of the Constitution of India read with Se...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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High Court of Bombay Considers Challenge to Interim Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court Prima Facie Finds Interim Award Passed Without Considering Entire Pleadings and Grants Stay of Enforcement.

The matter involved two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an interim award dated...