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Bombay High Court Allows Appeal in Winding-Up Petition, Sets Aside Conditional Deposit Order for Lack of Jurisdiction. Dispute over unpaid dues under the Forward Contracts (Regulation) Act, 1952 cannot be adjudicated in winding-up proceedings under the Companies Act, 1956.

The appeal arose from an order dated 27 September 2017 passed by the learned Company Judge in Company Petition No. 192 of 2016, directing the responde...

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High Court of Judicature at Bombay Considers Application Under Section 482 CrPC Seeking Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881. Applicant Challenges Vicarious Liability Under Section 141 and Compliance with Section 202 CrPC Inquiry in Cheque Dishonour Case.

The applicant preferred a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the proceedings in a complaint u...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Considers Appeal Under Section 37 of Arbitration Act Against Single Judge Order Dismissing Section 34 Petition Due to Foreign Seat and Governing Law — Interpretation of Escrow Agreement Clauses

The appeal arose from a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Katra Holdings Ltd., a Mauritius co...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...