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Bombay High Court Allows Default Bail to Accused in MCOCA Case Due to Failure to File Charge Sheet Within 90 Days. Section 167(2) CrPC Entitles Accused to Indefeasible Right to Bail if Investigation Not Completed Within Statutory Period.

The appellants, nine individuals, were arrested in connection with Crime No. 179 of 2018 registered at Anandnagar Police Station, Osmanabad, for vario...

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High Court of Judicature at Bombay Hears Appeal Against Company Law Board Order in Oppression and Mismanagement Petition. Company Appeal No.19 of 2009 Challenges CLB's Findings on Reduction of Shareholding, Removal of Director, and Valuation of Land Under Sections 397 and 398 of the Companies Act, 1956.

The case involved a dispute between shareholders of Pantheon Infrastructure Pvt. Ltd., a company formed to acquire and develop a 13-acre property in M...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

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Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

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Supreme Court Upholds High Court's Setting Aside of Dismissal of Judicial Officers for Non-Recording of Reasons Under Article 311(2)(b). Liberty to Initiate Fresh Proceedings with Proper Reasons Upheld as Valid.

The Supreme Court of India heard appeals by three judicial officers—Hari Niwas Gupta, Komal Ram, and Jitendra Nath Singh—who were dismissed from s...

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Supreme Court Dismisses Appeal Against Auction Sale Under Tamil Nadu Revenue Recovery Act, 1864 — Failure to Challenge Sale Under Sections 37-A or 38. Appellant's challenge to auction notice without challenging the subsequent sale held not maintainable.

The case pertains to an appeal against the judgment of the Madras High Court dismissing the appellant's challenge to a public auction notice issued un...

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High Court Adjudicates on Official Liquidator's Report on Claims of Secured Creditors in Company Liquidation. Distribution of Sale Proceeds from Assets of Company Under Liquidation Determined Based on Debts Recovery Tribunal Order.

The matter concerned the winding up of Maharashtra Explosives Ltd., a company incorporated under the Companies Act, 1956. By order dated 12-8-2001, th...

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Bombay High Court Upholds Conviction for Kidnapping and Rape of Minor Based on Consistent Testimony and Medical Evidence. Promise of Marriage to a 12-13 Year Old Girl Constitutes False Promise Vitiating Consent Under Sections 363 and 376 IPC.

The appellant, Bhaiyya Subhash Panpatil, was convicted by the Additional Sessions Judge, Dhule, for offences under Sections 363 and 376 of the Indian ...