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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restoring Arbitral Award That Declared Termination of Master Asset Purchase Agreement by Repudiation. Court Holds That Single Judge Exceeded Scope of Section 34 by Reappreciating Evidence and Substituting His Own View.

The appeal arises from a dispute between V Hotels Ltd (appellant) and Siddhivinayak Realties Pvt Ltd (respondent no. 1) concerning a Master Asset Purc...

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High Court of Karnataka Examines Validity of Government Order Handing Over Mahabaleshwara Temple Administration to Ramachandrapura Mutt. Petitioners Allege Violation of Rights as Registered Trust and Seek Restoration of Previous Board of Trustees Under Articles 226 and 227 of Constitution.

Multiple writ petitions and writ appeals were filed before the High Court of Karnataka at Bengaluru challenging Government Order No. KAM.E.56 MU.A.B. ...

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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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Supreme Court Acquits Accused in Abetment of Suicide Case Due to Lack of Mens Rea and Active Participation. Joint Suicide Pact Does Not Amount to Abetment Under Section 306 IPC.

The case pertains to the death of actress Ms. Pratyusha, who consumed poison along with the appellant, Gudipalli Siddhartha Reddy, on 23rd February 20...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Allows Appeal Against Reconstruction of Suit Records Without Determining Pendency. Order for Reconstruction of 1969 Suit Records Set Aside as Prothonotary Failed to Verify Pendency and Notice Not Given to Defendants.

A suit was instituted on the Original Side of this Court in 1969 for the redemption of a mortgage executed in 1925. The Defendants were a company owne...