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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

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Bombay High Court Allows Appeal in Central Excise Case on Third Member Reference and Remand Ambiguity. The court held that the third member cannot go beyond the referred question and the remand order was ambiguous, remanding the matter for fresh consideration.

The case involves an appeal by M/s. Kelkar Trading Corporation and Shri Chintamani Shridhar Kelkar against the Commissioner of Central Excise, Mumbai-...

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Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

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Bombay High Court Quashes Direction for Public Apology in CBSE Affiliation Dispute — Trust Not Liable for Misrepresentation Without Evidence of Fraud. Direction to issue public apology under Maharashtra Public Trusts Act, 1950 set aside as beyond statutory powers and without proper inquiry.

The petitioner, R. B. Bohora Educational & Welfare Trust, a public trust registered under the Maharashtra Public Trusts Act, 1950, challenged an order...

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NCLAT Allows Appeal Against Exclusion of Personal Guarantors from CoC in CIRP of Corporate Debtor — Re-constitution of Committee of Creditors Set Aside. Personal Guarantors Are Not Members of Committee of Creditors Under Section 21(2) of Insolvency and Bankruptcy Code, 2016.

The National Company Law Appellate Tribunal (NCLAT) heard an appeal against an order of the Adjudicating Authority (NCLT, Chandigarh Bench) dated 01.0...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence on Age of Victim. Consent of Victim Above 16 Years Renders Sexual Intercourse Not Rape Under Section 376 IPC.

The appellant, Ashok Pande, was convicted under Section 376 IPC for rape of a minor girl, Latiba (PW2), and sentenced to seven years rigorous imprison...