Search Results for "special resolution"

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High Court

Bombay High Court Dismisses Writ Petition Challenging NCLT Order Approving Resolution Plan Under IBC — Alternative Remedy Under Section 61 IBC Available. The court held that the NCLT's order approving the resolution plan was not vitiated by any jurisdictional error and the writ petition under Article 226 was not maintainable.

28 Jan 2020

The petitioners, Kotak Investment Advisors Limited and Rahul Shah, filed a writ petition under Article 226 of the Constitution of India before the Bom...

High Court

Bombay High Court Allows Interim Application for Appointment of Court Receiver in Property Dispute Over Extra FSI Entitlement. Dispute concerns interpretation of Deed of Conveyance dated 27.09.1994 regarding additional area rights.

10 Dec 2025

The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registere...

High Court

Bombay High Court Dismisses Petition Challenging Government Resolution Prescribing Fees for Permission to Mortgage Occupancy Class II Lands. Condition Imposing Payment of Fees Held Valid Under Section 43 of Maharashtra Land Revenue Code, 1966 and Not Violative of Article 14 of Constitution of India.

29 Aug 2022

The petitioner, BILT Graphic Paper Products Limited, a company incorporated under the Companies Act, 1956, engaged in paper manufacturing, challenged ...

High Court

Bombay High Court Quashes Reassessment Notice Against Corporate Debtor Under Insolvency Resolution — Income Tax Department Cannot Issue Section 148 Notice After Approval of Resolution Plan Under IBC, 2016. The court held that the moratorium under Section 14 IBC and the binding nature of the resolution plan under Section 31 IBC bar the Income Tax Department from reopening assessments for periods prior to the approval of the plan.

23 Dec 2021

The petitioner, Murli Industries Limited, a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016 (IBC), ch...

High Court

Bombay High Court Delivers Judgment on Challenge to Disqualification of Councillors for Defying Party Whip. The Court Examines Whether the Collector's Order Disqualifying Councillors Under Section 3(1)(b) of Maharashtra Local Authority Members' Disqualification Act, 1986 Was Legally Sustainable.

8 Apr 2015

The case arose from the election of the President of Ausa Municipal Council after the post fell vacant due to the resignation of the sitting President...

High Court

Bombay High Court Reserves Judgment on Writ Petition Challenging Municipal Council Land Allotment. Petitioner Seeks Quashing of Resolutions and Government Approval for Allotment of Land Reserved for Public Purposes Allegedly in Violation of Section 92 of Maharashtra Municipal Councils Act, 1965.

4 Oct 2022

The writ petition, originally filed as a Public Interest Litigation, challenged the decisions of Baramati Municipal Council and the State of Maharasht...

High Court

Bombay High Court Allows Appeal in Company Law Dispute Over Alteration of Share Capital — Interim Relief Granted to Protect Plaintiff's Rights Pending Suit. The court held that the plaintiff, a director, had a prima facie case and balance of convenience favored granting interim injunction against the company and other directors regarding the alteration of share capital from Rs.5,00,000 to Rs.1,00,00,000 in the Memorandum of Association.

1 Aug 2017

The case involves a dispute within a family-owned company, H. Fillunger & Company Pvt. Ltd., where the plaintiff, Ajit Arvind Marathe, a director, fil...

High Court

Bombay High Court Upholds Government Resolution Providing Preference to Locals in Appointment of Peon in Private School — Schedule F to MEPS Rules Does Not Provide for Promotion but Only Preference. The Court held that the Government Resolution dated 15th April 1991 is valid and Schedule F provides only a preference in appointment, not a right to promotion under the MEPS Act, 1977.

26 Oct 2010

The case involves a writ petition filed by Tanaji Madhukar Barbade against the State of Maharashtra and others. The petitioner was appointed as a peon...

Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

High Court

High Court of Bombay Issues Rule in Writ Petition Against Municipal Corporation's Absorption of Builder's Employees. The Court entertained the challenge under Article 226 to Resolution No. 25 and order dated 27.06.2007 absorbing 69 persons, directing final hearing forthwith.

11 Jun 2012

The petitioners, 69 unemployed youths from Thane district, filed a writ petition under Article 226 of the Constitution before the High Court of Judica...

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