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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Refund Case. Principles of Unjust Enrichment Under Section 11B of Central Excise Act, 1944 Not Applicable to Refund Arising on Finalisation of Provisional Assessment.

The Commissioner of Central Excise, Mumbai II appealed against the order of the appellate authorities below which allowed the refund claim of M/s. Sta...

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Bombay High Court Allows Scheme of Amalgamation Without Physical Meeting in Exceptional Circumstances. Section 110 of Companies Act, 2013 Does Not Eliminate Requirement of Meeting Under Section 391 of Companies Act, 1956 for Scheme Approval.

The judgment addresses a Company Summons for Direction filed by Godrej Industries Limited (GIL) seeking approval of a Scheme of Amalgamation with Wada...

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Bombay High Court Sanctions Scheme of Amalgamation of Multiple Transferor Companies with Pebble Bay Developers Private Limited under Sections 391-394 of the Companies Act, 1956. Court dispensed with meetings of shareholders and creditors based on consent letters and no-objection certificates.

The judgment concerns a Company Summons for Direction No. 331 of 2014 filed in the High Court of Judicature at Bombay under the Companies Act, 1956. T...

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Bombay High Court Grants Interim Relief to MMRDA in Metro Fare Dispute Under Section 9 of Arbitration Act. Court restrains Mumbai Metro One from revising fares higher than government-notified rates pending arbitration.

The Bombay High Court was hearing an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by the Mumbai Metropoli...

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Bombay High Court Dismisses Revenue's Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act, 1961. Expenditure by Company on Lessor's Property Not Deemed Dividend as It Was for Business Purpose and Not for Shareholder's Benefit.

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal dated 9th September 2011. The resp...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...