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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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High Court Appoints Arbitrator in Dispute Under Arbitration and Conciliation Act, 1996 After Previous Arbitrator's Withdrawal Due to Ill Health

The High Court of Bombay heard two commercial arbitration applications filed by Applicants seeking appointment of an arbitrator under Section 11 of th...

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Bombay High Court Allows Petition to Appoint Arbitrator in Shareholder Dispute Under Arbitration Act. Court finds existence of arbitration clause and refers parties to arbitration, appointing former judge as sole arbitrator.

The petitioners, shareholders of a company, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Quashes Transfer Order of Chief Engineer in MSETCL for Non-Compliance with Transfer Policy. Transfer of Employee Mid-Academic Year Without Considering Family Circumstances Violates Principles of Natural Justice and Departmental Transfer Guidelines.

The petitioner, Sanjay Tulshiram Shinde, a Chief Engineer with Maharashtra State Electricity Transmission Co. Ltd. (MSETCL), challenged an office orde...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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Supreme Court Considers Appeal by Commissioner of Income-tax Relating to Capital Gains Tax on Resignation of Managing Agency. Key Legal Issue Whether Relinquishment Constitutes Transfer Under Section 12B of Indian Income-tax Act, 1922.

The respondent company, Provident Investment Co. Ltd., was the managing agent of two other companies and held certain shares in them. In September 194...

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KAHC020054492024_1

The petitioner, Smt. Baligar Chandbi, was appointed as a contract Accountant at Raitha Samparka Kendra, Huvinahadagali, through an outsourcing agency ...

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High Court of Bombay Habeas Corpus Petition Examines Legality of Judicial Custody Where Remand Was Not Extended by Competent MCOC Special Court; Accused in Telgi Stamp Scam Seek Release After Non‑Extension of Judicial Remand Under Section 309(2) CrPC by a Judge Not Appointed Under MCOC Act.

The petitioners, five accused in the Telgi stamp scam (Special Case No. 2 of 2003 before the MCOC Court at Pune), filed this writ petition under Artic...

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Bombay High Court Quashes Order of Special CBI Court Refusing Discharge of Corporate Debtor Under Section 32A of IBC. Section 32A(1)(a) of Insolvency and Bankruptcy Code, 2016 Grants Immunity to Corporate Debtor for Pre-CIRP Offences Upon Approval of Resolution Plan, Irrespective of Pending Appeals.

The case arose from two writ petitions filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Examines Challenge to Advance Ruling on India-UAE DTAA and Revocable Trust Taxation. Writ Petitions Concern Taxability of Income from Indian Investments by UAE-Owned Trust Under Sections 61 and 63 of Income-tax Act, 1961 and Article 24 of India-UAE Tax Treaty.

The matter before the Bombay High Court consisted of two writ petitions filed by Abu Dhabi Investment Authority (ADIA) and Equity Trust (Jersey) Limit...