Search Results for "non-obstante clause"

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Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

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Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

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Bombay High Court Dismisses Petition Challenging Bank's Cancellation of Candidature Due to Conviction Despite Probation. Section 12 of Probation of Offenders Act Does Not Override Disqualification Under Section 10(1)(b)(i) of Banking Regulations Act, 1949 for Conviction Involving Moral Turpitude.

The petitioner, Amit Mohod, applied for a clerical post in the Bank of India. During the recruitment process, it was revealed that he had been convict...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...