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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Placement of Bail Order Before Detaining Authority. The court held that the bail order was a vital document and its non-consideration vitiated the subjective satisfaction under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detinue, filed a writ of habeas corpus under Article 226 of the Constitution challenging the detention order dated 17th...

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Bombay High Court Dismisses Winding Up Petition Under Section 433(e) of Companies Act, 1956 for Debt Disputed in Good Faith. Petition Filed to Exert Pressure for Unreasonable Demands, Not for Recovery of Genuine Debt.

The petitioner, Fomento Resorts And Hotels Ltd., filed a winding up petition under Section 433(e) of the Companies Act, 1956 against the respondent, G...

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Supreme Court Dismisses Revenue's Appeal in Customs Classification Dispute. n-Hexane Held to be a Separate Chemical Compound, Not Petroleum Oil, Under Customs Tariff Heading 2901.10 and Central Excise Tariff Heading 2901.90.

The case involves an appeal by the Commissioner of Customs, Kandla, against the decision of CESTAT, Ahmedabad, which had dismissed the Revenue's appea...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale Due to Alternative Remedy and Suppression of Facts. Petitioner, a Director and Shareholder of Mortgagor Company, Failed to Disclose Rejection of OTS and Auction Sale, Leading to Dismissal with Costs.

The petitioner, Ms. Archana Wani, a director and shareholder of respondent No. 5 (N. Kumar Housing and Infrastructures), filed a writ petition under A...

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Court Quashes Regional Director's Rejection of Amalgamation Scheme Petitioners Successfully Challenge Rejection Due to Procedural Non-Compliance; Court Emphasizes Mandatory Referral to NCLT

The court addressed the petition at the admission stage itself, with the consent of Counsel. The petitioners, consisting of five companies with common...

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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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Bombay High Court Grants Bail to Accused in IPC Case Despite Attempt to Travel Abroad Without Permission. Court Criticizes Police for Disregarding Judicial Orders and Imposes Additional Conditions Including Surrender of Passport and Weekly Reporting.

The petitioner, Navinchandra Gangadhar Hegde, was an accused in Crime No.177 of 2016 registered with Azad Maidan Police Station for offences under Sec...

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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

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Bombay High Court Allows Anticipatory Bail in Cheque Dishonour Case — Applicants Granted Pre-Arrest Bail. No Prima Facie Case Under Section 138 of Negotiable Instruments Act, 1881 Made Out Against Applicants.

The judgment pertains to two anticipatory bail applications filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants in Crimina...

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Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...