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Supreme Court Allows IDBI Bank's Appeal in Winding Up Case — Revival of Winding Up Proceedings Set Aside and Sale Deed Directed to Be Executed. Agreement to Sell Not Fraudulent Preference Under Section 531 of Companies Act, 1956 as Executed Beyond Six-Month Period and Bona Fide.

The Supreme Court considered two appeals by IDBI Bank (erstwhile United Western Bank) against judgments of the Madras High Court relating to the windi...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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High Court of Bombay Adjudicates Appeals Against Company Law Board's Investigation Order Under Section 237(b)(i) of Companies Act, 1956. Appeals challenge the order directing investigation into the affairs of companies allegedly linked to Ketan Parekh in the 2001 stock scam.

The judgment pertains to 14 appeals filed by various companies alleged to be controlled by Ketan Parekh, the central figure in the 2001 stock market s...

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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC Regarding Will Validity and Adverse Possession.

The case involves a property dispute among family members. The original plaintiff, Indumati Anantrao Naik (since deceased and represented by legal rep...

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Bombay High Court Allows Quashing of FIR in Abetment to Suicide Case — No Proximate Link Between Alleged Acts and Suicide. FIR under Sections 306, 506 IPC Quashed as Allegations Did Not Disclose Instigation or Active Abetment by Applicant.

The applicant, Hafizur Rahman Sheikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing o...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...