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Bombay High Court Dismisses Writ Petition Challenging Sugar Factory Elections Under Maharashtra Co-operative Societies Act. Court holds that election disputes must be resolved through the specific remedy under Section 91 of the MCS Act, not by writ petition.

The petitioners, 14 individuals, filed a writ petition under Article 226 of the Constitution of India challenging the election of the Board of Directo...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income-tax Act, 1961 for Lack of Fresh Material. Reassessment Based on Change of Opinion on Commission Payment to Directors Held Invalid as All Issues Were Examined During Original Assessment.

The Petitioner, M/s. Dalal & Broacha Stock Broking Pvt. Ltd., a stock broking company, filed its return of income for Assessment Year 2008-09 declarin...

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Supreme Court Dismisses Appeal in Company Law Dispute Over Share Transfer Validity and Limitation. Rectification of Register of Members under Sections 59 and 88 of Companies Act, 2013 requires proof of valid share transfer and petition within limitation.

The case involves an appeal by Chalasani Udaya Shankar and others against M/s. Lexus Technologies Pvt. Ltd. and others, arising from a company petitio...

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Bombay Determines Validity of Arbitrator's Interim Order Under Section 37 of Arbitration Act in MAPA Escrow Dispute. The Court Examines Whether the Order Preventing Parties from Proceeding Before Escrow Agents Was Justified.

The High Court of Bombay, in an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, considered a challenge to an inte...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

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Bombay High Court Quashes Penalty for Non-Certification of Annexures to Return of Allotment Under Section 39(5) of Companies Act, 2013 — Default Under Section 39(4) Relates Only to Filing of Return, Not Certification of Annexures.

The petitioners, N.S.J.L Nidhi Ltd and its officers, challenged an order dated October 11, 2023, by which a Learned Adjudicating Officer imposed a pen...