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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Bombay High Court Allows Winding Up Petition Against Company for Failure to Repay Convertible Bonds — Debt Admitted and Company Unable to Pay Under Section 433(e) of Companies Act, 1956. The court held that where a debt is admitted and the company is commercially insolvent, a winding up order is justified.

30 Jul 2013

The Bank of New York Mellon, London Branch, as trustee for bondholders, filed a winding up petition under Section 433(e) of the Companies Act, 1956 ag...

High Court

Bombay High Court Upholds Validity of Section 376(b) and (c) CrPC in Cheque Dishonour Case — No Unconstitutionality Found. Petitioners convicted under Section 138 r/w 141 Negotiable Instruments Act, 1881 challenged the constitutional validity of provisions relating to appeal against acquittal, but court held them intra vires.

24 Jul 2013

The petitioners, directors and a company, were convicted by the Metropolitan Magistrate on 26 July 2011 for offences under Section 138 read with Secti...

High Court

Bombay High Court Allows Petition of Complainant Company in Criminal Complaint — Magistrate's Order Under Section 156(3) CrPC Restored. Revisional Court Erred in Dismissing Complaint as Not Being a Complaint Under Section 2(d) CrPC When It Clearly Contained Allegations of Cognizable Offences.

7 Aug 2013

The petitioner, M/s. Royal Palms (India) Pvt. Ltd., a company registered under the Companies Act, filed a complaint through its authorized representat...

High Court

Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

23 Aug 2013

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

14 Oct 2013

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

High Court

Bombay High Court Allows Quashing of Criminal Case Under Section 482 CrPC for Compoundable Offences — Parties Compromise in IPC Sections 407 and 420 Case. The court held that inherent powers under Section 482 CrPC can be exercised to quash proceedings when offences are compoundable and parties have genuinely settled the dispute, even if one offence requires court permission for compounding.

25 Nov 2013

The applicants, Prakash Pundlik Palaskar and three others, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeki...

High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

High Court

Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

19 Dec 2013

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

High Court

Bombay High Court Allows Writ Petition Challenging Seizure of Sun Glasses Under Standards of Weights & Measures Act — Coercive Compounding and Blank Cheque Demand Violate Natural Justice. The court held that the seizure and compounding procedure were not in accordance with law and principles of natural justice.

5 May 2006

The petitioner, Subash Arjandas Kataria, a sole proprietor of Liberty Optics & Exports, was engaged in trading sun glasses from a counter at Globus St...

High Court

Bombay High Court Allows Petitions Challenging Condition of Compensation for Suspension of Sentence in NI Act Cases. Appellate Court Cannot Impose Payment of Compensation Under Section 357(3) CrPC as Condition for Suspending Sentence Under Section 389 CrPC.

6 Jun 2006

The Bombay High Court addressed three petitions raising a common legal question: whether an appellate court hearing an appeal against conviction under...

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