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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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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Complainant Partner. Failure to Prove Legal Liability Under Section 138 of Negotiable Instruments Act, 1881 as Presumption Under Section 139 Stands Rebutted.

The case involves a criminal revision application filed by M/s Reshmi Constructions, a partnership firm, against the acquittal of Laxman Vithal Chunek...

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Bombay High Court Dismisses Petitions Challenging Property Tax Demands Due to Delay and Availability of Alternate Remedy. Court holds that appeals under Section 406 of BPMC Act filed after 8-18 years are grossly delayed and cannot be entertained.

The petitioner, NRC Limited, a company incorporated under the Companies Act, 1956, owned a large property in Kalyan. The Kalyan Dombivli Municipal Cor...

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Bombay High Court Sanctions Scheme of Amalgamation of Monarch Research and Brokerage Private Limited and Monarch Project and Finmarkets Limited with Networth Stock Broking Limited under Sections 391-394 of the Companies Act, 1956 — Objection by Gold Castle Realtor Dismissed as Not a Creditor or Member.

The judgment concerns two Company Scheme Petitions (CSP 575/2012 and CSP 576/2012) filed by Monarch Project and Finmarkets Limited (2nd Transferor Com...

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Bombay High Court Grants Injunction in Copyright Infringement Case for Technical Drawings of Flash Lights. Court holds that copyright subsists in technical drawings under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement.

The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defen...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Appellate Court Erred in Modifying Decree Without Cross-Appeal. Order of Refund of Earnest Money Restored as Appellate Court Could Not Set Aside Relief Granted to Plaintiff in Absence of Cross-Objection Under Order 41 Rule 22 CPC.

The appellant, Ghodganga Sakhar Karkhana, a registered cooperative society, filed a suit for specific performance of an agreement dated 12 August 1991...

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Bombay High Court Dismisses Petition Challenging Property Tax Liability of Licensee Under Municipal Tender. Condition 15 of Tender Notice Makes Licensee Liable for Municipal Assessment Taxes, Including Property Tax, Despite Ownership Vesting in Corporation.

The petitioner, Raj Dadarkar & Associates, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India challen...

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Bombay High Court Upholds Disallowance of Medical Expenditure on Foreign Tour for Eye Treatment as Personal Expenditure Under Section 37(1) of Income Tax Act, 1961. Expenditure incurred for pre-operation investigation of eyes held to be personal in nature, not allowable as business expenditure.

The case pertains to a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal to the Bombay High Court. The ...