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Bombay High Court Dismisses Appeal in Derivative Suit Challenging Sale of Shares by Company Management. Minority shareholders' challenge to sale of shares under family settlement fails as court finds no prima facie case for interim relief.

The appellants, Madhavlal Narayanlal Pittie and others, filed a derivative suit in 2008 against Bachharaj & Company Pvt Ltd and others, challenging th...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996 — Corrigendum to Award Does Not Extend Limitation Period for Challenging Original Award

The petitioners, Karuppiah Mahalingam and others, had availed a loan against mortgaged property from Kotak Mahindra Bank Limited. They defaulted on re...

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Bombay High Court Revokes Leave for Representative Suit in Tata Group Shareholder Dispute. Court holds that shareholders of different listed companies lack the same interest required under Order 1 Rule 8 CPC.

The Plaintiffs, claiming to be shareholders of various listed companies of the Tata Group, filed a representative suit under Order 1 Rule 8 of the Cod...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

The appellant, Dattatraya Rajaram Thaokar, a retired government servant, was convicted by the Special Judge, Nagpur in Special Case No. 25/1991 for of...

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Bombay High Court Allows Employer's Appeal in Industrial Dispute Case Due to Unexplained Delay and Prejudice. The court held that stale claims should not be entertained and that writ courts should not re-appreciate evidence.

The case involves an appeal by Western Coalfields Ltd. (employer) against a judgment of a learned Single Judge of the Bombay High Court, which allowed...

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Bombay High Court Quashes Appointment of Court Commissioner for Evidence Collection in Civil Suit — Appointment for Collecting Evidence Held Impermissible Under Order XXVI Rule 9 CPC.

The case involves a writ petition filed by the defendants (petitioners) challenging an order of the 8th Joint Civil Judge, Junior Division, Karad, dat...

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Bombay High Court Dismisses Appeal Against Execution of Arbitral Award. Objections to Award Not Raised Under Section 34 Cannot Be Raised in Execution Proceedings Under Section 36 of Arbitration and Conciliation Act, 1996.

The appellant, DoIt Computer JV, a joint venture company, was a registered contractor of the Municipal Corporation of Greater Mumbai (respondent). Dis...

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Bombay High Court Acquits Accused in Bribery Case Due to Inconsistent Evidence and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Deorao Marotrao Bhagatkar, was the Principal of Kendriya Vidyalaya, Chandrapur. He was convicted by the Special Judge, Chandrapur, in S...

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High Court of Karnataka Acquits Income Tax Officer in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Smt. K. Chandrika, an Assistant Commissioner of Income Tax, was convicted by the Special Judge for CBI Cases, Bangalore, for offences u...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...