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Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Under Section 138 NI Act. Settlement Agreement Creates Fresh Liability, Presumption of Legally Enforceable Debt Not Rebutted.

The case involves a criminal revision application filed by the accused, M/s. Cabral & Co. and its proprietor Francis Simon Cabral, against their convi...

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High Court of Karnataka Allows Canara Bank's Appeal Against Refund Order in SARFAESI Auction Dispute — Bank Not Obliged to Refund 25% Deposit When Auction Purchaser Defaults on Balance Payment.

The appellant, Canara Bank, conducted an e-auction on 29 November 2021 of a property under the Securitisation and Reconstruction of Financial Assets a...

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High Court of Bombay Dismisses Winding Up Petition for Lack of Service of Statutory Notice Under Section 434 of Companies Act, 1956. Petitioner Failed to Prove Respondent's Inability to Pay Debts as Statutory Notice Not Served at Registered Office.

The petitioner, Store One Retail India Ltd., filed a company petition under the Companies Act, 1956 seeking winding up of the respondent, Waterfall In...

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Bombay High Court hears writ petition challenging blacklisting order of consultant by MCGM for alleged collusion in road works. Dispute concerns alleged denial of natural justice in blacklisting process under Article 226 of Constitution of India.

The dispute arose from a request for qualification issued by the Municipal Corporation of Greater Mumbai (MCGM) on 23 October 2013, inviting consultan...

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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Bombay High Court Quashes VAT Assessment Order for FY 2013-14 Against Luxembourg-Based Companies Due to Gross Violation of Natural Justice and Backdating of Order. Assessment order found to be pre-dated and based on no notice or hearing, rendering it null and void.

The petitioners, comprising two Luxembourg-based companies (Petitioners 1 and 2) and their Indian group company (Petitioner 3), challenged an assessme...