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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Venture Capital Fund — No Failure to Disclose Material Facts. Reopening Based on Mere Change of Opinion on Applicability of Section 10(23FB) Exemption is Invalid.

The petitioner, DHFL Venture Capital Fund, is a trust registered as a venture capital fund under SEBI (Venture Capital Fund) Regulations, 1996. It fil...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Bombay High Court Dismisses Motion to Vacate Arrest of Indian Flag Vessel for Maritime Claim for Necessaries. Claim for necessaries is a maritime claim under admiralty law, and Indian courts have jurisdiction over Indian flag vessels.

The case involves a Notice of Motion filed by Amrut Dredging and Shipping Limited, a third party purchaser, seeking to vacate the arrest of the vessel...

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Bombay High Court Dismisses Petition Challenging Inquiry and Appointment of Authorized Officer Under MCS Act — Petitioner Failed to Show Prejudice or Violation of Natural Justice. Inquiry Under Section 83 is Fact-Finding; Opportunity at Section 88 Stage Sufficient.

The petitioner, Gulabrao Sakharam Shelke, a former director of the Maharashtra State Co-operative Bank Ltd. (Respondent No.5), filed a writ petition u...