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Bombay High Court Allows Rejection of Plaint Against Directors in Commercial Suit -- No Cause of Action Against Nominee Director and Other Directors -- Corporate Personality Principle Upheld

The Bombay High Court allowed Notices of Motion filed by Defendant Nos. 3 to 8 seeking rejection of the Plaint -- The Plaintiff had sued Defendants an...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Bombay High Court Dismisses Petition Challenging Tender Process for Coal Supply. The court held that the evaluation committee's decision to open price bids was within its discretion and not vitiated by mala fides.

The petitioners, Knowledge Infrastructure Systems Private Limited and its director, challenged a tender process issued by Maharashtra Power Generation...

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Bombay High Court Dismisses Petition Seeking Reclassification from OBC Handicapped to Open Physically Handicapped Category After Termination Due to Invalid Caste Certificate. Petitioner cannot change category after appointment and termination; no vested right to be considered in a different category.

The petitioner, Savankumar Jagdishchandra Mandwal, was appointed in the Other Backward Classes (OBC) handicapped category by the Zilla Parishad, Hingo...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Sets Aside Arbitral Award for Violation of Natural Justice — Denial of Personal Hearing and Non-Joinder of Necessary Party. Section 34 of Arbitration and Conciliation Act, 1996 invoked to challenge award passed without hearing the borrower and without impleading the sister concern.

The petitioner, Rajesh Tiwari, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 29 ...

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Bombay High Court Allows Second Appeal Due to Procedural Error in Not Framing Points for Determination by Lower Appellate Court. Partition Decree Set Aside and Remanded for Fresh Disposal Under Order 41 Rule 31 CPC.

The case arises from a partition suit (Regular Civil Suit No.4 of 1986) filed by the respondents (original plaintiffs) against the appellant (original...

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Bombay High Court Allows Appeal by Konkan Railway Corporation in Land Acquisition Compensation Case — Remands Matter for Fresh Adjudication on Merits. Non-joinder of Acquiring Body as Party in Land Reference Proceedings Held Fatal to Award-Decree.

The case involves a land acquisition for the Konkan Railway project. The Special Land Acquisition Officer acquired 78.40 Ares of land from the respond...

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Bombay High Court Dismisses Petitions Challenging SAFEMA Forfeiture Orders — Property Acquired from Smuggler's Funds Forfeitable Even After His Death. The court upheld the forfeiture of properties purchased from a deceased smuggler, rejecting claims of bona fide purchase and limitation.

The judgment concerns four criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of forfeiture passed under ...