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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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High Court of Karnataka Dismisses Applications for Appointment of Arbitrator in Pending Suits Under Section 8 of Arbitration Act. Court holds that Section 8 of the Arbitration and Conciliation Act, 1996 applies only before filing of first statement on substance of dispute, not to pending suits.

The petitioner, HMT Watches Ltd., filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the orders passed by the Pr...

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High Court of Karnataka Examines Petition to Quash Criminal Proceedings Against Husband in Suicide Abetment Case. Petitioner Contended That Victim's Depression and Video Statement Negated Instigation, Relying on Precedents Interpreting Section 306 IPC and Section 498A IPC.

The petitioner, the husband of the deceased, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of t...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Adjudicates Public Interest Litigation on Encroachments on Public Utility Land in Nagpur. Petition Treated as PIL and Notice Issued to Authorities for Removal of Encroachments on Reserved Lands.

The matter involves a public interest litigation filed before the High Court of Judicature at Bombay, Nagpur Bench, by social workers Madhukar Sampatr...