Search Results for "prothonotary"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "prothonotary"

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High Court

Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

13 Dec 2019

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

16 Jul 2019

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

High Court

Bombay High Court Allows Defendants to File Written Statement Beyond 120 Days in Pre-2015 Commercial Suit. Mandatory timeline under Commercial Courts Act, 2015 does not apply retrospectively to suits filed before the Act and transferred to Commercial Division.

24 May 2019

The Bombay High Court addressed a preliminary legal question in a Notice of Motion arising from a Commercial Suit. The suit was originally filed in 20...

High Court

Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

22 Aug 2014

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

High Court

Bombay High Court Allows Appeal in Execution Proceedings — Determines Correct Decretal Amount Under Arbitral Award. Court holds that the executing court has jurisdiction to determine the correct amount due under a decree when the judgment debtor seeks clarification, and remands the matter for computation.

9 Oct 2013

The appeal arises from an order of a learned Single Judge dated 20 March 2013 on a Chamber Summons taken out by the Appellant (National Bank of Agricu...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Associate Professor in University — Chancellor's Order Under Section 76(7) of Maharashtra Universities Act, 1994 Upheld as No Interference Warranted. The Court Held That the Chancellor's Power Is Limited to Examining Perversity or Arbitrariness, Not to Re-Appreciate Evidence, and the High Court's Writ Jurisdiction Does Not Extend to Sitting in Appeal Over the Chancellor's Order.

10 Jun 2013

The petitioner, Dr. Shailaja Wadikar, filed a writ petition before the Bombay High Court challenging the order dated 26.8.2012 passed by the Chancello...

High Court

Bombay High Court Allows Writ Petition Against TDS Demand on Arbitral Award Deposits — Income Tax Officer Cannot Treat Court-Ordered Deposits as Income Until Final Determination of Rights. The court held that amounts deposited in court pursuant to a conditional stay order and withdrawn against a bank guarantee are not 'income' liable to Tax Deduction at Source under Section 194A of the Income Tax Act, 1961.

21 Feb 2013

The petitioner, DSL Enterprises Private Limited, is a company incorporated under the Companies Act, 1956, as a successor in interest of Datar Switchge...

High Court

Bombay High Court Dismisses Appeal Against Order for Evidence Recording in Testamentary Dispute — Order Not a Judgment Under Clause 15 of Letters Patent. Preliminary Objection Upheld as Impugned Order Did Not Decide Substantive Rights of Parties.

20 Jul 2012

The appeal arose from an order dated 30 August 2011 of a learned Single Judge of the Bombay High Court in a testamentary matter. The background involv...

High Court

Bombay High Court Allows Admiralty Suit for Recovery of Repair Costs Against Sister Vessel of Owner. The court held that a maritime claim for necessaries supplied to sister vessels can be enforced by arresting a vessel owned by the same owner under admiralty jurisdiction.

18 Jul 2005

The plaintiff, M/s. Five Ocean Ship Repairing & Marine Services LLC, filed an admiralty suit against the vessel MT 'SYMPHONY 1' (ex. MT 'ARABIAN LADY'...

High Court

Bombay High Court Allows Winding Up Petition Under Sections 433(e) and 434 of Companies Act, 1956 for Non-Payment of Debt Despite Dishonour of Cheques and Pending Criminal Complaints. The court held that the company is deemed unable to pay its debts under Section 434(1)(a) and ordered winding up, rejecting the argument that pending proceedings under Section 138 of the Negotiable Instruments Act, 1881 constitute a bona fide dispute.

1 Apr 2005

The petitioner, M/s. Rasiklal Ratilal and M/s. Rasiklal Ratilal Trading P. Ltd., filed two company petitions under Sections 433(e) and 434 of the Comp...

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