Search Results for "Section 32(2)"

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High Court of Bombay Upholds Recall of Annulment Order in Insolvency Case Due to Concealment of Creditor. Appellant Insolvent Failed to Disclose Kotak Mahindra Bank as Creditor with DRT Recovery Certificate, Leading to Recall of Annulment Under Section 22(1) of Presidency Towns Insolvency Act, 1909.

The case involves an appeal filed by Akshay D. Thakkar (the Appellant/Insolvent) against an order dated 18th September, 2018 passed by a learned Singl...

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Bombay High Court Allows Writ Petition Challenging Tribunal's Order in Service Transfer Dispute — Transfer on Request Cannot Be Challenged; Tribunal's Direction for Reconsideration Set Aside.

The petitioner, Ganesh Jairam Jagdale, a Tahsildar, challenged a common judgment dated 22/10/2020 of the Maharashtra Administrative Tribunal, Nagpur B...

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Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice and Absence of Debt or Liability. Cheques Issued as Security for Future Transactions Do Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioners, Parth Bhadresh Mehta, Hiten Kantilal Shah, and Vishal Laxmikant Thakkar, filed Criminal Writ Petitions under Section 482 of the Code ...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

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Bombay High Court Dismisses Revenue's Appeal in Depreciation Claim Case. Depreciation Being Optional Cannot Be Thrust Upon Assessee When There Is Total Loss Under Section 80IB of Income Tax Act, 1961.

The Revenue appealed against the Income Tax Appellate Tribunal's order allowing the assessee's appeal. The assessee, a company engaged in hotel busine...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...