Search Results for "misconceived"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "misconceived"

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High Court

Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

30 Nov 2012

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank AG Against Pearl Engineering Polymers Limited Due to Bona Fide Dispute Over Debt. The court held that a winding-up petition under Sections 433(e) and 434 of the Companies Act, 1956, cannot be maintained when the debt is genuinely disputed, as the summary jurisdiction is not meant for adjudicating complex factual disputes.

19 Nov 2012

The petitioner, Deutsche Bank AG, a foreign bank constituted under German law and authorized to carry on banking business in India, filed a winding-up...

High Court

Bombay High Court Allows Appeals in MCOCA Case Due to Lack of Sanction and Insufficient Evidence of Organized Crime. Appellants acquitted as prosecution failed to establish that the alleged offences were committed in furtherance of organized crime syndicate under Maharashtra Control of Organised Crime Act, 1999.

30 Nov -0001

The case involves appeals by eleven accused persons against their conviction under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) and th...

High Court

Bombay High Court Dismisses PIL Challenging Award of Quality Audit Contract Without Tenders. Quality Audit of Roads Held Not Covered Under Section 72 of Mumbai Municipal Corporation Act, 1888, as It Is a Professional Service, Not Execution of Work or Supply of Goods.

14 Dec 2012

The petitioner, Niyaz Ahmed Vanu, filed a Public Interest Litigation challenging the award of a contract by the Municipal Corporation of Greater Mumba...

High Court

Bombay High Court Grants Probate to Executor in Will Dispute, Upholds Execution and Dismisses Caveat for Lack of Proof of Undue Influence. The court held that the propounder of the Will had discharged the burden of proving due execution and testamentary capacity, and the caveator failed to establish suspicious circumstances or undue influence.

16 Jan 2019

The plaintiff, The Maharashtra Executor And Trustees Co. Ltd., filed a testamentary petition seeking probate of the last Will and Testament dated 22nd...

High Court

Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

23 Jan 2019

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

High Court

High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents.

29 Jan 2019

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No.4 Granted Leave to Amend Defence to Include Additional Grounds of Challenge to Agreement. Court holds that amendments to written statement are permissible under Order VI Rule 17 CPC even after commencement of trial, provided no prejudice is caused to the plaintiff, and that the test for allowing amendment is more liberal for written statements than for plaints.

6 Feb 2019

The present chamber summons was filed by Defendant No.4, Sahrish Constructions Private Limited, seeking leave to amend its written statement in a comm...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

25 Feb 2019

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

High Court

Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency. Allegations of Corrupt Practice Under Section 123(1) of Representation of the People Act, 1951 Fail as Petitioner Fails to Prove Bribery or Undue Influence.

22 Feb 2019

The Petitioner, Vinod Ramchandra Ghosalkar, was the Shiv Sena candidate for the Dahisar Assembly Constituency in the 2014 Maharashtra Legislative Asse...

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