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Bombay High Court Considers Validity of Departmental Inquiry Against Headmaster Under MEPS Rules, 1981. Alleged Procedural Violations Including Defective Inquiry Committee and Denial of Statement of Allegations Examined.

The petitioner, a Headmaster of a private school governed by the MEPS Act and Rules, challenged his termination following a departmental inquiry. The ...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Allows Summons for Judgment in Summary Suit for Recovery of Debenture and Deposit Amounts — Acknowledgment of Liability Found in Correspondence. Evidentiary Value of Letters as Acknowledgment Under Section 18 of Limitation Act, 1963, Upheld to Extend Limitation Period.

The Bombay High Court heard a Summons for Judgment in a summary suit filed by Canara Bank and others, as trustees of Canbank Mutual Fund, a trust unde...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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High Court of Judicature at Bombay Adjudicates Company Petition for Winding Up Over Unpaid Derivative Transaction Debts. The Petitioner Bank Claimed Rs.8.74 Crores from the Respondent Company Following Defaults on Forex Options Margin Calls Under ISDA Master Agreement.

The litigation stems from a company petition filed by HDFC Bank Ltd. under the provisions of the Companies Act, 1956 seeking winding up of Rohan Dyes ...

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Bombay High Court Allows Termination of Arbitrator's Mandate Under Section 14 of Arbitration and Conciliation Act, 1996 for De Facto Inability to Perform Functions. Arbitrator's Order Returning Statement of Claim and Rejecting Application for Termination of Mandate Set Aside as Without Jurisdiction.

The petitioner, Amar Tea Distributors, a partnership firm, entered into a Distributor Agreement with the respondent, Coca-Cola India Pvt. Ltd., on 7th...

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Bombay High Court Dismisses Corporation's Appeal in Stop-Work Notice Case Due to Vagueness and Non-Adjudication. Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 Quashed as It Failed to Describe Nature of Construction and No Order Was Passed After Reply.

The appeal was filed by the Municipal Corporation of Greater Mumbai challenging an order dated 8 December 2009 passed by the City Civil Court, which q...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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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...