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Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Bombay High Court Dismisses Petition Challenging Debarment from Examination Due to Attendance Shortfall. Court Refuses to Interfere with Educational Institution's Attendance Policy Under Article 226 of the Constitution of India, Holding That Minimum Attendance Requirement Is a Valid Academic Criterion.

The petitioner, a student, challenged the decision of the respondent educational institution debarring him from appearing in examinations due to failu...

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High Court of Karnataka Quashes Industrial Tribunal Award Directing Regularization of 24 Workmen in National Aerospace Laboratories — Workmen Held Not Entitled to Regularization as They Were Employed by Contractor, Not Principal Employer.

The petitioner, Management of National Aerospace Laboratories (NAL), challenged the award dated 30-12-2005 of the Industrial Tribunal, Bengaluru in I....

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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High Court of Bombay Addresses Divergence on Reservation Act and Promotion Policy — Constitutional Validity Issue Deemed Academic. Third Judge Holds that Tribunal Overstepped in Striking Down Reservation Act as the Core Dispute Concerned Promotion Quotas, Not Direct Recruitment Reservations.

The matter originated from a reference by the Chief Justice under Rule 7, Chapter I of the Bombay High Court Appellate Side Rules, necessitated by a d...