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Bombay High Court Allows Appeal Against Company Law Board Order — Transfer of Shares After BIFR Recommendation Void Under Section 536(2) Companies Act, 1956. Winding Up Deemed to Commence from Date of BIFR Recommendation Under Section 441(2) Companies Act, 1956.

The appellants, Maharashtra Antibiotics and Pharmaceuticals Ltd. (MAPL) and Hindustan Antibiotics Ltd., challenged an order of the Company Law Board (...

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

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Bombay High Court Dismisses Union of India's Petition Challenging Tribunal's Order Allowing Voluntary Retirement of Assistant. Rule 48-A of CCS Pension Rules Prevails Over Administrative Circulars and Fundamental Rule 56(k)(1) — Employer's Rejection on Grounds of Staff Shortage Held Arbitrary.

The Union of India and others (petitioners) challenged the order dated 01.03.2024 of the Central Administrative Tribunal, Mumbai Bench, which allowed ...

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Supreme Court Refers Kerala's Challenge to Union's Borrowing Ceiling to Constitution Bench — Raises Substantial Questions on Interpretation of Article 293 and Federal Fiscal Powers. The Court declined interim relief pending reference, noting the mandatory nature of the injunction sought.

The State of Kerala instituted an original suit under Article 131 of the Constitution of India against the Union of India, challenging three actions: ...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...