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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award in Excise Duty Reimbursement Dispute. Contractual interpretation of purchase order clause for reimbursement of excise duty paid by contractor to Railways.

The Petitioner, M/s Creative Engineers, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an a...

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

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High Court of Karnataka Dismisses Challenge to Rule 5 of Hot Re-rolling Mills Annual Capacity Determination Rules, 1997 by Steel Company. Rule 5 held valid and intra vires the Central Excise Act, 1944, and determination orders upheld.

The petitioners, Bhuwalka Steel Industries Limited and its Chairman & Managing Director, filed a writ petition under Articles 226 and 227 of the Const...

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High Court of Karnataka Dismisses Appeals by Apparel Companies Challenging Provident Fund Damages Order. Establishment of separate code number for each unit does not absolve liability under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

The case involves multiple writ appeals filed by apparel companies (M/s J.D. Clothing Company, M/s Gokaldas India, M/s Wear Craft Apparels, and others...

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High Court of Bombay at Goa Quashes Coercive Encashment of Bank Guarantee in Customs Case, Citing CBEC Circular and Precedent. Encashment on Same Day as Service of Order-in-Original Held Improper Under Section 129E of Customs Act, 1962.

The petitioners, a proprietary concern and a partnership firm, challenged the coercive encashment of a bank guarantee by the Customs authorities. The ...

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High Court of Bombay at Goa Examines Appeal Against BFAR Ruling on DDT Rate Under India-UK DTAA. Appellant Seeks Restriction of Dividend Distribution Tax to 10% Tax Treaty Rate on Dividends Paid to UK Parent Company.

The appellant, M/s. Colorcon Asia Pvt. Ltd., an Indian company and wholly owned subsidiary of Colorcon Limited, United Kingdom, filed an appeal under ...