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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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High Court of Bombay at Aurangabad Considers Criminal Appeal Against Conviction Under Sections 395, 397 IPC. The Court Examines the Identification of Accused in a Dacoity Case Where No Test Identification Parade Was Conducted.

Background: This criminal appeal arose from a judgment of the IIIrd Adhoc Additional Sessions Judge, Parbhani, in Sessions Case No. 63 of 2004, convic...

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Bombay High Court Pronounces Judgment in First Appeal Arising from Motor Accident Compensation Claim. The Court Examined the Claim for Enhancement of Damages Under Various Heads Including Pain and Suffering, Loss of Amenities, and Future Medical Expenses.

The judgment concerned a First Appeal filed before the Bombay High Court against the award of the Motor Accidents Claims Tribunal, Greater Bombay, in ...

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Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

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Bombay High Court Upholds Impleadment of Tenant in Eviction Suit — Applicant Claiming Tenancy Rights Has Direct Interest in Subject Matter. Order 1 Rule 10 CPC Allows Impleadment of Party Whose Rights Would Be Affected by Outcome of Suit for Possession.

The Petitioner, original Plaintiff, filed a suit (S.C. Suit No.1830 of 2010) in the City Civil Court, Greater Mumbai, against Respondent Nos.1 and 2 (...

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Supreme Court Allows Appeal in Diamond Theft Case, Holding Accused's Statement Inadmissible Under Section 27 of Indian Evidence Act, 1872. Statement Leading to Recovery of Diamonds from Co-Accused Does Not Constitute Discovery Directly Outcome of Such Information, Failing to Satisfy Section 27.

The case involved a criminal appeal before the Supreme Court against the conviction of the appellant for theft of a parcel containing diamonds, along ...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...