Search Results for "ratio decidendi"

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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"Bombay High Court Condonation of Delay in Filing Arbitration Challenge" "Justice Arif S. Doctor condones a 14-day delay in filing under Section 34, interpreting procedural requirements for signed arbitral awards in light of mandatory statute compliance."

1. Introduction and Parties The case involves the Mumbai Metropolitan Region Development Authority (MMRDA) as the petitioner and Mumbai Metro One Pvt...

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Supreme Court Clarifies Deduction of Broken Period Interest for Banks Treating Securities as Stock-in-TradeDeduction Allowed as Revenue Expenditure for Banks Holding Securities as Stock-in-Trade

The Supreme Court addressed the treatment of broken period interest for tax purposes. The issue centered on whether broken period interest could be de...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 498-A and 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence or other witnesses.

The appellant, Rajesh Bhikaji Gade, was convicted by the Additional Sessions Judge, Majalgaon, for offences under Sections 498-A and 302 of the Indian...

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Bombay High Court Dismisses Appeal Against Refusal to Initiate Perjury Proceedings in Civil Suit. Filing a false affidavit in a civil suit does not automatically constitute an offence under Section 199 IPC without proof of intent to cause injury and that the statement was made in a judicial proceeding.

The appellants, Tarun Keshrichand Shah and Priyalata Keshrichand Shah, filed a civil suit in the City Civil Court at Greater Mumbai against respondent...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...