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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Bombay High Court Dismisses Defendant's Application for Security for Costs in Admiralty Suit — No Frivolous or Vexatious Conduct Found. The court held that the power to order security for costs under Order XXV CPC is discretionary and should not be exercised merely because the plaintiff is a foreign company, especially when the suit is not frivolous and security for the claim has already been furnished.

8 Apr 2014

The defendant, owner of the vessel m.t. CHEM LILY, filed a Notice of Motion seeking an order directing the plaintiff, Alpha Oil International, to depo...

High Court

High Court Sets Aside Company Judge's Order Restricting Disposition of Property in Winding Up Petition — Observations Held Unwarranted and Prejudicial to Third Party Rights Under Companies Act. The court held that at the acceptance stage of a winding up petition, drastic observations regarding disposition of property and transfer of shares should not be made without affording the petitioner an opportunity of hearing, and that such observations affect the rights of third parties under the Companies Act, 1956.

25 Sep 2014

The appeal arose from an order of the learned Company Judge placing a winding up petition for acceptance at a future date, but with a concluding parag...

High Court

Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

12 Aug 2015

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

21 Aug 2015

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Dismisses Petition Seeking FIR Registration in Investment Dispute — Civil Nature of Complaint Upheld. Court held that the dispute involving alleged misappropriation of funds by company directors was primarily civil in nature, and the police's closure of enquiry was justified.

25 Aug 2016

The petitioner, M/s. Fairwinds Asset Managers Ltd., acting as fund manager for Reliance Alternative Investments Fund – Private Equity Scheme I (RAIF...

High Court

Bombay High Court Rules Share Issue Expenses to Dilute Foreign Equity as Capital Expenditure Under Income Tax Act, 1961. Interest on Share Application Money Cannot Be Adjusted Against Such Capital Expenditure.

8 Sep 2016

The case involves an Income Tax Reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal (Tribunal) at the ins...

High Court

Bombay High Court Allows Appeal Against Money Decree in Summary Suit for Dishonour of Cheque — Held That Plaintiff Failed to Prove Debt and That Cheque Was Not Issued for Discharge of Existing Liability. The Court set aside the decree as the suit was based on a time-barred debt and the plaintiff failed to establish consideration.

27 Oct 2016

The present appeal arises from a money decree passed by the City Civil Court, Mumbai in Summary Suit No.6980 of 2004. The appellants, who were the ori...

High Court

Bombay High Court Directs District Magistrate to Dispose of SARFAESI Section 14 Application Within Statutory Time Limit — Amendment (44 of 2016) Mandates 30-Day Disposal. The court held that the District Magistrate must pass an order on an application under Section 14 of the SARFAESI Act within 30 days, extendable to 60 days, and the amendment applies to pending proceedings.

21 Nov 2016

The petitioner, Edelweiss Asset Reconstruction Company Limited, a financial institution registered under the SARFAESI Act, filed a writ petition befor...

High Court

Bombay High Court Dismisses Petition Seeking Consideration of OTS Scheme Under RBI Guidelines in SARFAESI Act Matter. Court holds that once possession of secured asset is taken under Section 13(4) of SARFAESI Act, 2002, the remedy lies before the Debts Recovery Tribunal under Section 17, not by way of writ petition.

5 Dec 2016

The petitioners, Dr. Kishor Chimasaheb Nimbalkar and Sou. Dhanshree Kishor Nimbalkar, are running a hospital. They obtained a home loan of Rs.34,00,00...

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