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Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

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Bombay High Court Considers Maintainability of Revision Against Order Under Section 156(3) CrPC. Court examines whether an order directing police investigation under Section 156(3) is interlocutory and whether a revision petition under Section 397 or 401 CrPC lies against such order.

A batch of criminal writ petitions and applications came before the Division Bench of the Bombay High Court at Aurangabad, raising a common question o...

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Bombay High Court Considers Challenge to Transfer of Writ Petitions and Contempt Petition from Aurangabad Bench to Principal Seat Under Bombay High Court (Appellate Side) Rules, 1960. Legality of Chief Justice's Administrative Transfer Orders and Validity of Proviso to Rule 2 of Chapter XXXI Raised.

The Bombay High Court heard three writ petitions filed by the Lawyers' Forum for General Utility & Litigating Public, Aurangabad, challenging the admi...

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Supreme Court Considers Includability of Bought-Out Items in Assessable Value of CKD Boilers. Appeal Under Section 35L(1)(b) of Central Excise Act, 1944 Challenges CESTAT Order Holding That Essential Parts Delivered at Site Must Be Included in Transaction Value for Duty Assessment.

The Supreme Court heard statutory appeals under Section 35L(1)(b) of the Central Excise Act, 1944 against the common final order of the Customs, Excis...

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Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...

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High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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High Court of Bombay at Goa Adjudicates Upon Legality of Hotel Construction in Coastal Regulation Zone III Area Without Mandatory Ministry Approval. Developers Allegedly Built in No Development Zone Without Necessary MEF Clearance Despite CRZ Notification Requiring Prior Approval.

Background: The petitioners, two public interest organizations, filed writ petitions challenging the construction of a hotel in Goa by respondent nos....