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Bombay High Court Dismisses Section 9 Arbitration Petition and Winding Up Petition Against Corporate Debtor — No Prima Facie Case for Interim Relief or Insolvency as CDR Scheme Was Under Consideration and Debt Was Not Clearly Due.

The petitioner, Tata Capital Financial Services Ltd., a non-banking financial company, granted a term loan of Rs. 50 crores to the first respondent, U...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring compensation for failure to provide new connections within stipulated time is held valid under Section 181 read with Section 57 of the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), a statutory corporation and local authority, filed a writ petition under Article 226 of the Consti...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring distribution licensees to pay compensation for failure to provide new connections within stipulated period is valid and not ultra vires the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), through its Brihanmumbai Electric Supply & Transport Undertaking (BES&T), filed a writ petition un...

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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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High Court of Karnataka Allows Petition in Stamp Duty Dispute Over Arbitral Interim Order. Court Holds That an Order Under Section 17 of Arbitration and Conciliation Act, 1996 Is Not an 'Award' Under Article 11 of Karnataka Stamp Act, 1957, and Thus No Stamp Duty Is Payable.

The petitioners, Mrs. Shaila Mathias and Mrs. Yasmine Felix, filed a writ petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Allows Writ Petition Challenging Impounding of Documents in Civil Suit. Documents Admitted Without Objection Cannot Be Impounded Later Under Indian Stamp Act, 1899.

The petitioner, original plaintiff Smt. Sushilabai Anandani, filed a civil suit in 1996. Along with the plaint, she filed three documents (Exhs.88, 89...

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Bombay High Court Acquits Four Convicts in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Procedural Violations in Search and Seizure Lead to Acquittal of Appellants Convicted Under Section 20(b) of NDPS Act.

The appellants, Pratap Bhimsingh Parera, Gangadhar Babaji Lenaka, Mrs. Savita Pratap Parera, and Mrs. Santoshi Santosh Pradhan, were convicted by the ...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Reassessment Case — Tribunal's Order Restoring Assessment Set Aside. Reassessment Notice Under Section 148 Held Invalid as No Failure to Disclose Material Facts Was Established.

The revenue appealed against the order of the Income Tax Appellate Tribunal, Bangalore Bench, which had set aside the reassessment order passed under ...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...