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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Allows Writ Petition Challenging Sessions Court's Order for De Novo Trial in NI Act Case — Held That Section 326 CrPC Permits Successor Magistrate to Continue from Stage of Predecessor Without De Novo Trial

The petitioner, Quazi Syed Salahuddin, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging an order dated 18...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

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Bombay High Court Allows Informant's Petition for Copy of 'C' Summary Report to File Protest Petition. Right to Fair Hearing Under Article 21 Includes Right to Obtain Police Report to Challenge Closure of Complaint.

The petitioner, Mr. Dilranjan Bhatt, filed a writ petition before the Bombay High Court seeking a direction to the learned Magistrate to direct the po...

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Bombay High Court Allows Revision Against Appellate Order in Succession Act Case — Remands for Fresh Consideration of Application Under Section 383 of Indian Succession Act, 1925. Appellate Court's Failure to Consider Evidence and Give Reasons Constitutes Material Irregularity Under Section 115 CPC.

The petitioners, Beersing Charan Karosiya, Kisan Charan Karosiya, and Ranjeet Charan Karosiya, filed a Civil Revision Application under Section 115 of...

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High Court of Judicature at Bombay Scrutinizes Validity of Auction Sale in Execution Proceedings Due to Notice Irregularities. Compliance with Order XXI Rule 66(2) CPC and Affixing of Proclamation on Court-House Examined in Appeal Against Confirmation of Sale.

The appeal arose from an order of the City Civil Court dismissing a notice of motion seeking to set aside an ex parte decree and the subsequent auctio...

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Bombay High Court Allows Leave to Defend in Summary Suit for Recovery of Price of Goods Allegedly Defective. The Court held that the defendant's claim of defective goods raised a triable issue, entitling it to unconditional leave to defend under Order 37 of the Code of Civil Procedure, 1908.

The Petitioner, Minda Vast Access System Private Ltd., filed a Writ Petition under Article 227 of the Constitution of India challenging the order date...

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Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...