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Bombay High Court Considers Chamber Summons to Set Aside Abatement of Arbitration Petition and Condonation of Delay. Application Filed Under Order 22 Rule 9 of Code of Civil Procedure, 1908 to Bring Legal Representatives of Deceased Parties on Record.

The Chamber Summons was filed under Order 22 Rule 9 of the Code of Civil Procedure, 1908, seeking to set aside the abatement of Arbitration Petition N...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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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 of Bombay at Goa Dismisses Writ Petition Challenging Seizure of Vessel Under Customs Act, 1962; Seizure of Re-imported Floating Crane Valid as Exemption Notification Inapplicable When Re-import Not by Original Exporter.

The case involved a writ petition filed by Fomento Resources Private Limited and its director challenging the seizure of a floating crane, MV Maria La...

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Bombay High Court Acquits Convicted Offender in Murder Case Due to Unsoundness of Mind Under Section 84 IPC. Appellant's act of killing brother and injuring another held to be act of person incapable of knowing nature of act by reason of unsoundness of mind.

The appellant, Rajendra Adakuji Choudhary, was convicted by the Additional Sessions Judge, Chandrapur in Sessions Case No.84/2014 for offenses under S...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...