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CRIMINAL WRIT PETITION NO. 3301 OF 2018

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Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944.

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communi...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Admits Winding Up Petition Against Syrma Technology Pvt. Ltd. for Non-Payment of Admitted Debt Despite Insurance Payment. Court holds that receipt of insurance proceeds does not extinguish the debt or bar winding up proceedings under the Companies Act, 1956.

The petitioner, Jiangsu Skyrun Wuxi Co. Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Syrma Tec...

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Karnataka High Court Pronounces Final Order in Writ Petition Challenging Minutes of Committee of Creditors Meeting under IBC, 2016. Key Issue Involved Adequacy of Notice under Section 24 and Natural Justice in Approval of Resolution Plan.

The writ petitioner, a suspended director of Associate Decor Limited (a company under corporate insolvency resolution process), challenged the minutes...

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Bombay High Court Dismisses Section 37 Appeal Against Partial Setting Aside of Arbitral Award in Construction Contract Dispute — Non-Signatory Principal Held Liable Based on Agency Relationship and Implied Consent.

The appeals arose from three arbitral awards passed in disputes relating to the construction of mustard seed processing and storage silos in Rajasthan...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...