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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Allows Deemed Promotion to Retired Employee Despite Disciplinary Proceedings — Employer Cannot Ignore Exoneration by Enquiry Officer. Stigmatic remarks in disagreement order set aside as promotion cannot be denied when employee is exonerated of all charges.

The petitioner, Rajendra S/o Baburao Patil, a retired employee of Zilla Parishad, Jalgaon, filed a writ petition seeking deemed date of promotion to t...

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Bombay High Court Allows Refund of Court Fees in Suit Settled by Consent Terms. The phrase 'claim for repayment' in Section 43(1) proviso of Maharashtra Court Fees Act, 1959 refers to the application to the court for refund order, not the subsequent certificate application.

The suit was filed in 2014 by Bai Mamubai Bhimji Bhanji Trust and others against Neelkanth Mansions & Infrastructure Pvt Ltd. On 28 October 2014, the ...

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Bombay High Court Dismisses Writ Petition by Court Officers Seeking Parity in Pension and Retirement Benefits with Higher Judicial Officers. Classification of employees into Class I and Class II based on duties and responsibilities is valid and not discriminatory under Articles 14 and 16 of the Constitution.

The petitioners, fifteen officers of the High Court of Bombay holding positions such as Registrar, Prothonotary, Commissioner for Taking Accounts, Add...

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Bombay High Court Considers GST Liability on Royalty Payments to Court Receiver in Commercial Property Dispute. The Court Examines Whether Payments to a Court Receiver Under Order XL CPC Constitute Taxable Supply Under the CGST Act, 2017 and Whether GST Should be Discharged via Reverse Charge Mechanism.

The Bombay High Court, in a Court Receiver's Report arising from a commercial suit for recovery of possession of three shops used as a restaurant, exa...