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CRIMINAL WRIT PETITION NO.1659 OF 2005

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High Court of Bombay Considers Challenge by CFS Operators to Customs Public Notices. Petition Under Article 226 Seeks Quashing of Notices Allegedly Imposing Unlawful Restrictions on Container Freight Stations.

The petitioners, comprising thirteen Container Freight Station (CFS) operators and thirteen individual directors, filed a writ petition under Article ...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Bombay High Court Allows Writ Petition Challenging Deficit Stamp Duty Demand — Limitation Period Under Section 32-A(1) of Bombay Stamp Act, 1958 Is Mandatory. Demand for deficit stamp duty and penalty made after 5 years from execution of instrument is without jurisdiction and liable to be quashed.

The petitioner, Meena Shyam Tulsani, purchased a commercial office premises admeasuring 351 sq.ft super built up area in 1999 through a notarized agre...

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Bombay High Court Acquits Police Constable in Culpable Homicide Case — Right of Private Defence Established. Appellant's firing held justified as he acted in self-defence and in discharge of duty to rescue an auto-rickshaw driver from assault.

The appellant, Abhang Ramu Holkar, a police constable attached to MIDC Police Station, was convicted under Section 304 Part II of the Indian Penal Cod...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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WRIT PETITION NO. 5204 OF 2019

The present writ petition was filed by six petitioners, including two public limited companies and four individuals, challenging an order dated 30.05....