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Bombay High Court Allows Appeal Against Winding Up Order Due to Defective Advertisement Under Rule 99 of Company Court Rules, 1959. Failure to Advertise in Correct Name of Company Violates Mandatory Requirement and Cannot Be Cured by Inherent Powers.

The appeal challenged an order dated 21 June 2018 by which the learned Company Judge allowed Company Petition No. 829 of 2003 filed by SICOM Limited f...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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High Court of Bombay Dismisses Arbitration Application Due to Non-Existence of Arbitration Agreement — No Prima Facie Case for Reference to Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Unistar Metals Private Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking reference ...

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High Court of Judicature at Bombay Reviews Industrial Tribunal's Decision to Reject Approval Application Under Section 33(2)(b) of Industrial Disputes Act, 1947. The Tribunal Found Charges Against Employee Not Proved, Resulting in Reinstatement with 50% Back Wages.

The dispute arose between Tata Memorial Hospital, a trust-run institution, and Shashikant Shrikrishna Sompurkar, who was employed as an Upper Division...

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Bombay High Court Quashes Deferment of Cross-Examination in Sessions Case for Lack of Reasons Under Section 231(2) CrPC. Court holds that discretion to defer cross-examination must be exercised with reasons and not arbitrarily.

The petitioner, Pradip Kundlikrao Kute, challenged an order dated 01.04.2022 passed by the Additional Sessions Judge, Basmathnagar in Sessions Case No...

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Bombay High Court Allows Municipal Corporation's Revision Against Refund of Octroi on Replacement Engine. Replacement of defective part under warranty not a fresh import liable to octroi under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioner, Commissioner of Sangli Miraj Kupwad Cities Municipal Corporation, challenged the judgment and order dated 12th February 2004 passed by...