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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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ARBITRATION PETITION NO.549 OF 2013

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

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Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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Madras High Court Hears Writ Petitions Challenging Amendment to Co-operative Societies Rules. Petitioners Seek Declaration that G.O. Miscellaneous No.11 and Seniority List are Ultra Vires Constitution.

The matter comprised multiple writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Madras. The p...

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Madras High Court Hears Writ Petitions Challenging Amendment to Rule 7(3) and Seniority List in Co-operative Banks. Petitioners Seek Declaration that G.O. and Seniority List are Ultra Vires and Violative of Articles 14 and 16 of the Constitution of India.

The petitioners, employees of various District Central Co-operative Banks, filed writ petitions under Article 226 of the Constitution of India seeking...

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Bombay High Court Allows Scheme of Amalgamation Without Physical Meeting in Exceptional Circumstances. Section 110 of Companies Act, 2013 Does Not Eliminate Requirement of Meeting Under Section 391 of Companies Act, 1956 for Scheme Approval.

The judgment addresses a Company Summons for Direction filed by Godrej Industries Limited (GIL) seeking approval of a Scheme of Amalgamation with Wada...

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Bombay High Court Allows Civil Reference in Suit for Injunction Against Recovery of Non-Agricultural Charges Under Bombay Revenue Jurisdiction Act, 1876. Civil Court Not Barred from Entertaining Suit as It Does Not Challenge Assessment but Merely Restrains Recovery of Charges.

The case involves a civil reference made by the Civil Judge, Senior Division, Latur to the Bombay High Court under Section 13 of the Bombay Revenue Ju...

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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...