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Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest.

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeki...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Considers Challenge to Revision Order in FCCB Capital Gains Case; Cost of Acquisition Dispute Between FCCB Scheme and Section 49(2A) of Income-tax Act Examined. Revenue Relied on Section 49(2A) While Petitioner Invoked Clause 7(4) of the 1993 Scheme.

The writ petition under Article 226 was filed before the Bombay High Court challenging an order dated 29 March 2018 passed by the Commissioner of Inco...

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Bombay High Court Examines Maintainability of Writ Petitions Against Air India After Privatisation. The Court Considered Whether Subsequent Events Like Privatisation Could Render Writs Non-Maintainable Under Article 226.

The matter concerned four writ petitions filed by former cabin crew members of Air India Ltd. (AIL) against their former employer and the Union of Ind...

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Bombay High Court Allows Petition Challenging Rejection of Application to Reject Plaint in Suit for Specific Performance. Suit for specific performance of agreement for sale filed after ten years from the stipulated date of performance is barred by limitation under Article 54 of Limitation Act, 1963.

The petitioners, who were defendants in a suit for specific performance, challenged an order of the City Civil Court, Mumbai, which rejected their app...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...