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Bombay High Court Declares Sale of Company Property During Winding Up as Null and Void. Transfer of Leasehold Rights Without Court Permission Under Section 536(2) of Companies Act, 1956 Is Invalid.

The Official Liquidator filed a report seeking directions regarding the property of Hindustan Transmission Products Ltd. (HTPL), which was in liquidat...

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Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965.

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Mahar...

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Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Civil Suit. Filing of a civil suit does not constitute waiver of arbitration rights unless the suit seeks to enforce the same cause of action against the same parties.

The petitioner, Indapur Dairy And Milk Products Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Dismisses Contempt Petition for Alleged Willful Disobedience of Interim Orders in Arbitration Dispute. Court holds that orders were not sufficiently clear and specific to warrant contempt proceedings, and the remedy lies in execution.

The petitioner, Sri Sai Krishna Constructions, filed a contempt petition alleging willful disobedience of two orders passed by the Bombay High Court i...

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Bombay High Court Allows Writ Petition Challenging Invalidity of Thakur Scheduled Tribe Certificate - Scrutiny Committee Directed to Reconsider Claim with Proper Application of Mind and Affidavit Evidence

The petitioner, Ravindra Pralhadrao Khare, filed a writ petition challenging the order of the Scheduled Tribe Certificate Scrutiny Committee that inva...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute — MRT Order Set Aside for Violation of Natural Justice. Restoration of Possession Cannot Be Ordered Without Hearing the Landlord Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The petitioners, Kacharu B. Ambekar and others, are the successors-in-interest of the original landlord of agricultural lands bearing Gat No.333 (47 A...