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Supreme Court Allows Workman's Appeal on Distribution of Company Assets in Liquidation. Holds that Secured Creditors Have Pari Passu Charge Only Over Properties Specifically Charged, Not All Assets; Workmen Have Priority for Uncharged Properties Under Sections 529 and 529A Companies Act, 1956.

The dispute arose from the winding up of U.M.I. Special Steel Limited, a company registered under the Companies Act, 1956. The company became sick, an...

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High Court Issues Directions in Slum Rehabilitation Writ Petitions; Expresses Grave Concern Over Alleged Fraud. No Final Verdict; Ongoing Investigation into Trafficking of Tenements and Non-Fixation of Transit Rent Under SRA Circular.

The Bombay High Court issued a detailed common order in a batch of writ petitions filed by slum dwellers of the Kolekalyan Slum Rehabilitation Authori...

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Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Bombay High Court in Second Appeal Determines Whether Two Sale Deeds Give Rise to Distinct Causes of Action Under Order 2 Rule 2 CPC; Legal Heirs' Challenge to Second Alienation Not Barred by Splitting of Claims.

The litigation arose from two alienations of ancestral land by one Tikaram. Tikaram had sold 3.20 acres out of Khasra No. 189 to the defendants by a s...

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Bombay High Court Allows Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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Bombay High Court Dismisses Insurer's Challenge to Insurance Ombudsman Award in Health Insurance Claim Dispute. Court upheld the Ombudsman's jurisdiction and award of Rs.27,13,582/- for medical expenses, rejecting the insurer's arguments on partial repudiation and policy validity.

The case involves a dispute between Bharat Hirji Dedhia (the insured) and Oriental Insurance Company Ltd. (the insurer) regarding a health insurance p...