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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Madras High Court Dismisses Appeal Against Arbitral Award Under Section 37 of Arbitration Act — New Ground Not Raised Before Single Judge Cannot Be Raised in Appeal. Non-Consideration of Documents Claim Rejected as Arbitrator Considered All 28 Documents.

The appeal was filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 9 of the Original Side Rules and Section 37 of the Arbitration a...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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Bombay High Court Allows Student's Petition Against College for Denying Examination Form Over Attendance Dispute. College's Action of Denying Examination Form Without Hearing Held Arbitrary and Violative of Natural Justice Under Article 226 of Constitution of India.

The petitioner, a final-year law student at Govind Ramnath Kare College of Law, Margao, filed a writ petition challenging the college's refusal to acc...

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Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Upholds Acquittal of Husband and Mother-in-law in Dowry Death Case Due to Unreliable Dying Declarations. Dying Declarations Found Inconsistent and Lacking Medical Certification, Leading to Failure of Prosecution to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of Ramnath Eknath Aaher and Kalabai @ Kalawati Eknath Aaher, who were the husband and mother-i...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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Bombay High Court Grants Interim Injunction in Copyright Infringement and Passing Off Action Over Television Talent Show Format. Zee Entertainment's 'India's Best Dramebaaz' Concept Found Prima Facie Copied by Sony's 'Drama Company'.

The plaintiff, Zee Entertainment Enterprises Ltd, filed a quia timet copyright infringement and passing off action against Sony Pictures Networks Indi...