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Bombay High Court Dismisses Winding Up Petition for Lack of Bona Fides and Substantial Defence. Company's claim of disputed debt and pending civil suit found to be a bona fide defence against winding up under Sections 433 and 434 of the Companies Act, 1956.

The petitioner, M/s. Joshi Bullion Gems & Jewellery Pvt. Ltd., filed a winding up petition under Sections 433 and 434 of the Companies Act, 1956 again...

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High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...

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Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

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Bombay High Court Dismisses Suit for Interest on Frozen Bank Account — No Breach of Contract Found. Bank's Compliance with Customs Department Instructions to Freeze Account and Retain Amount in Suspense Account Without Interest Does Not Constitute Breach of Contract.

The Plaintiff, Veritas Exports, a proprietorship concern, filed a suit against the Defendant, Bank of Baroda, seeking a money decree for interest on a...

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Bombay High Court Hears Challenge to Sales Tax Assessment on Inter-State Movement of Brahmos Missiles for Job Work. The Court Examines Whether Transfer of Goods for Warhead Integration Constitutes Inter-State Sale Under Central Sales Tax Act, 1956.

The judgment, though incomplete in its provided excerpt, deals with a writ petition filed by BrahMos Aerospace Private Limited, a joint venture betwee...

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Bombay High Court Allows Petition Challenging Market Fee on Copra as Not Notified Agricultural Produce Under APMC Act. Explanation to Rule 32(1) of Goa APMC Rules Held Ultra Vires as Copra Not in Schedule to Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

The petitioners, Marico Industries Ltd. and Jude Linhares, filed a writ petition before the Bombay High Court at Goa challenging the demand for market...

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Supreme Court Dismisses Appeal Against Arbitral Award Upholding Forfeiture of Security Deposit and Detention of Equipment in Contract Dispute. Termination of Contract for Poor Performance and Failure to Transport Export Container Held Justified Under Arbitration and Conciliation Act, 1996.

The appeal arose from a dispute between M/s Vijay Trading and Transport Company (appellant) and Central Warehousing Corporation (respondent) concernin...

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Supreme Court Allows Appeal in Customs Valuation Dispute — Mandamus Issued to Assess Imported Scrap on Transaction Value. Court Holds That Declared Transaction Value Must Be Accepted Unless Proper Officer Follows Procedure Under Section 14 and Rule 12 of Customs Valuation Rules, 2007.

The appellants, Century Metal Recycling Pvt. Ltd. and Gauri Shankar Agarwala, filed a writ petition before the Allahabad High Court challenging the pr...

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Bombay High Court Dismisses Writ Petition in Central Excise Appeal Limitation Case — Commissioner (Appeals) Has No Power to Condon Delay Beyond 60 Days Under Section 35 of Central Excise Act, 1944. Appeal filed beyond 90 days from order date cannot be entertained.

The petitioner, M/s Sheetal Enterprises, a manufacturer of industrial lubricants, availed benefit of Nil rate of duty for export under Rules 13 and 14...