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Bombay High Court Disposes of Four Petitions Under Section 9 of Arbitration Act by Common Order. Interim Measures Sought by Financing Company Against Borrower and Guarantor for Default in Loan Repayments Secured by Hypothecated Equipment.

L&T Finance Limited, a company registered under the Companies Act, 1956, filed four petitions under Section 9 of the Arbitration and Conciliation Act,...

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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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KAHC010422252008_1

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WRIT PETITION NO. 10475 OF 2011

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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KAHC010159832015_1

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High Court of Bombay Considers Challenge to Section 36(4) of Industrial Disputes Act, 1947 Restricting Legal Representation Without Consent. Employer Seeks to Quash Labour Court Order Barring Engagement of Advocate in Industrial Dispute Reference.

The petitioner, a company engaged in manufacturing, dismissed the respondent workman for misconduct after due process in August 2015. The workman rais...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...