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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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High Court of Bombay Considers Appeals Against Company Law Board Order Directing Buyout of Majority Stake in Wind Energy Company. The majority shareholder challenged the finding of oppression and the forced sale of shares to minority shareholders under sections 397, 402 and 403 of the Companies Act, 1956.

The proceedings arose from disputes between the shareholders of Enercon (India) Limited, now known as Wind World (India) Limited, a company engaged in...

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Bombay High Court Considers Bank's Claim for Recovery of Dues from Export Company and its Director. Dispute Centers on Alleged Agreement to Debit Cash Credit Account Upon Dishonour of Foreign Bills Purchased Under FBP Facility.

The suit was filed by Bank of India to recover Rs.5,67,332.51 with interest at 19.5% per annum from B.C. Mody Exports P. Ltd. (defendant no.1) and its...

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Bombay High Court Disposes of Appeals by Common Judgment in Multiple Arbitration Petitions Challenging Arbitral Awards on LPG Cylinder Pricing; Arbitral Awards Rejecting Suppliers' Claims Had Been Upheld by Single Judge; High Court Considers Scope of Interference Under Section 34 of Arbitration Act.

The matter involved multiple appeals filed by various LPG cylinder manufacturers against Bharat Petroleum Company Limited (BPCL), a Government of Indi...

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High Court of Bombay at Goa Upholds Conviction of Car Washer for Rape and Criminal Trespass — Victim's Testimony Found Credible and Corroborated by Medical Evidence and Prompt FIR.

The appellant, Alfred Fernandes, was convicted by the Fast Track Special Court, POCSO, Panaji, Goa, for offences under Sections 448, 354 and 376 of th...

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Supreme Court Upholds Uttar Pradesh Board of Madarsa Education Act, 2004 as Valid Regulatory Legislation. High Court erred in striking down entire Act; provisions conflicting with UGC Act are severable.

The Supreme Court considered appeals against the Allahabad High Court's judgment striking down the Uttar Pradesh Board of Madarsa Education Act, 2004 ...

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Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

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Supreme Court Allows Repatriation of Minor Child to USA in Habeas Corpus Case, Modifies COVID-19 Conditions. The welfare of the child is paramount, and the foreign court's order is a factor; conditions requiring health certificates were impractical and set aside.

The appellant, father of a three-and-a-half-year-old child, filed a habeas corpus petition before the High Court of Karnataka seeking repatriation of ...