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High Court of Bombay Hears Appeal Against Company Law Board Orders Refusing to Enforce Settlement Under Section 634A of Companies Act, 1956. The appeal challenged the binding nature of an order recording broad settlement when consent terms were unsigned and third-party interests were involved.

The appeal arose from two orders of the Company Law Board (CLB) dated 2 July 2004 and 13 September 2004, which held that an earlier CLB order dated 29...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Hears Company Petition for Sanction of Scheme of Arrangement and Reduction of Share Capital. Petition Seeks to Restructure Debts and Reduce Capital Under Sections 391, 392, and 102 of the Companies Act, 1956.

This matter pertains to a company petition filed by Sharp Industries Limited under Sections 391-394 of the Companies Act, 1956, seeking sanction of a ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Not Properly Served, Ex-Parte Decree Set Aside. Service of Summons Found Insufficient Under Order 9 Rule 13 CPC, Suit Restored for Fresh Adjudication.

The petitioner, Vijay Mohan Jagtap, filed a writ petition challenging two orders passed by the trial court in Regular Civil Suit No. 368/2007. The fir...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...