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Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend.

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership fi...

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Bombay High Court Allows MSRTC Petition in Guarantor Recovery Dispute — Industrial Court Order Set Aside for Lack of Employer-Employee Relationship. Co-guarantor cannot claim protection under MRTU & PULP Act against employer of principal debtor as recovery action is not an unfair labour practice.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and order dated 05.10.2016 of the Industrial Court, Nagp...

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High Court of Bombay Hears Appeal Against Conviction Under Prevention of Corruption Act. Accused Contends Non-Proof of Bribe Demand and Admission of Loan Repayment by Complainant.

The appeal arose from the judgment and order dated 29.03.2005 in Special Case No.26/2003 passed by the Special Judge at Aurangabad, convicting the app...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 NI Act. Presumption under Section 139 NI Act operates in favour of complainant once signature on cheque is admitted, and accused must rebut with probable defence.

The appellant, M. Jayaram Shetty, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging that the respondent, Vijay V. ...

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Bombay High Court Upholds Acquittal in Cheque Dishonour Case Due to Unreliable Evidence and Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved.

The appellant, Meera S. Chiplunkar, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against the resp...

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Bombay High Court Allows Revenue's Appeal in Part and Assessee's Appeal on Mortgage Repayment Issue. Repayment of mortgage debt created by the assessee is an expenditure incurred in connection with the transfer of mortgaged asset allowable under Section 48(i) of the Income Tax Act, 1961.

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of repayment...