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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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Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

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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...

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High Court of Bombay at Goa Sets Aside Appellate Court Order Cancelling Sale Deed for Violating Natural Justice — Affected Third Party Not Heard. Cancellation of Sale Deed and Tri-partite Lease Deed on Injunction Appeal Reversed for Want of Impleadment of Purchaser.

The dispute arose out of Regular Civil Suit No.69/2004 filed by the Plaintiff (Respondent No.1 in all writ petitions) claiming to be a permanent Direc...

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Bombay High Court Considers Interim Application for Arbitration Reference in Commercial Summary Suit — Dispute Involves Recovery of Investment Amount and Applicability of Arbitration Clause in MOU

This judgment pertains to an interim application filed by the defendants in a commercial summary suit seeking reference of the dispute to arbitration ...

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Bombay High Court Quashes Process Against Director in Cheating Case for Lack of Vicarious Liability. Petitioner Joined Company After Alleged Misrepresentation, No Specific Overt Act Alleged.

The petitioner, Harshavardhan Madhav Chitale, was accused No.3 in a complaint filed by Respondent No.2, Micromate Computers, before the Chief Judicial...

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Bombay High Court Quashes Second FIR in Corruption Case Due to Bar on Multiple FIRs for Same Offence. The court held that a second FIR for the same offence is an abuse of process and liable to be quashed under Section 482 CrPC.

The applicant, Bhaskar Pandurang Walimbe, a government officer on deputation as Additional Tribal Commissioner, Amravati, was implicated in a corrupti...