Search Results for "equitable order"

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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High Court of Bombay Quashes Family Court Order Vacating Status Quo in Matrimonial Home Dispute. Wife's Right to Reside in Shared Household Upheld Under Protection of Women from Domestic Violence Act, 2005, Irrespective of Husband's Father's Title to Property.

The dispute arose from a matrimonial proceeding where the respondent-husband had filed a petition for nullity or divorce against the petitioner-wife. ...

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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 Quashes Process Against Directors in Cheque Dishonour Case — Lack of Specific Allegations of Role in Day-to-Day Affairs. Directors Cannot Be Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881 Without Averments of Their Involvement in Company's Business.

The petitioners, including a company and its directors, challenged the order issuing process under Section 138 read with Section 141 of the Negotiable...

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High Court Dismisses Writ Appeals Against Dismissal of Writ Petitions on Ground of Delay and Laches. Appellant's Challenge to Appointment Conditions and Subsequent Appointment of Director General Rejected.

The appellant, who had been appointed as Director General of Central Power Research Institute (CPRI) by direct recruitment, challenged the terms of hi...