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Bombay High Court Full Bench Examines Whether Affidavit Verification Can Bypass Examination Under Section 200 CrPC in Cheque Dishonour Cases under Section 138 NI Act. Reference Made to Reconcile Conflicting Views on Section 145 NI Act's Impact on Summary Trial Procedure.

The Bombay High Court was seized of a reference to a Full Bench arising from Criminal Writ Petition No. 2523 of 2010, filed by the accused (Chief Fina...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

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COMMERCIAL EXECUTION APPLICATION (Lodging) NO.2701 OF 2018

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Bombay High Court Disposes Pending Applications and Show Cause Notices in Scheme of Compromise Under Section 391 of Companies Act, 1956. Criminal Proceedings Under Maharashtra Protection of Interest of Depositors Act, 1999 Allowed to Continue Notwithstanding Sanction of Scheme.

The matter arose from a scheme of compromise and arrangement proposed by Europlast India Ltd. under Section 391 of the Companies Act, 1956. The unsecu...

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Supreme Court Directs Payment of Occupational Charges in Landlord-Tenant Dispute Pending Determination of Applicable Tenancy Law. The Court held that a tenant continuing in possession after forfeiture of lease is liable to pay mesne profits at market rate, not contractual rent, under Section 2(12) CPC.

The Supreme Court was hearing special leave petitions filed by a landlord challenging a judgment of the Calcutta High Court which held that the landlo...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Bombay High Court Dismisses Wife's Second Appeal Against Refusal to Condon Delay in Challenging Divorce Decree — Remarriage of Husband After Expiry of Limitation Period Renders Appeal Infructuous Under Section 15 of Hindu Marriage Act, 1955.

The present second appeal was filed by the appellant/wife against the judgment and order dated 15/09/2021 passed by the learned District Judge-10, Aur...