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Bombay High Court Grants Anti-Suit Injunction Restraining Bank from Proceeding in Hong Kong Court in Loan Recovery Dispute. The court held that the trial court's refusal on jurisdictional grounds was not sustainable and confirmed the interim injunction pending final disposal.

The appellant, KSL and Industries Limited and another, filed an appeal against an order dated 25 November 2013 passed by the City Civil Court, Mumbai,...

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Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Suit to Arbitration Due to Inseparable Cause of Action and Non-Arbitrable Issues. Trial Court's order upheld as suit involved multiple defendants not party to arbitration agreement and issues not arbitrable.

The appellant, Bombay Isle Developers Pvt. Ltd., the original Defendant No.1, appealed against the order of the City Civil Judge dated 2nd March 2006 ...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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Bombay High Court Grants Stay on Tax Recovery in Gift of Shares Case Under Section 56(1) of Income Tax Act, 1961. Court allows stay of recovery pending appeal, subject to conditions protecting revenue, without deciding merits of taxability of gift of shares.

The petitioner, M/s. Nerka Chemicals Private Limited, a wholly owned subsidiary of Demuric Holdings Private Limited (DHPL), challenged an order dated ...