Search Results for "BIFR jurisdiction"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "BIFR jurisdiction"

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High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

6 May 2022

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

Supreme Court

Supreme Court Allows Appeal by Workers Association in Land Allotment Dispute Under Modified Voluntary Retirement Scheme. Court held that denial of plots to 318 ex-employees while granting to 134 similarly situated ex-employees violated Article 14 of the Constitution, as there was no rational basis for differentiation and state instrumentalities must act non-discriminatorily in welfare measures.

26 Oct 2021

The dispute arose from the closure of Azam Jahi Mills in 2002, where 452 employees took voluntary retirement under a Modified Voluntary Retirement Sch...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

High Court

Bombay High Court Allows Transfer of MIDC Plot to Auction Purchaser in Winding Up Proceedings — Official Liquidator's Sale Confirmed Despite MIDC's Objection. Court holds that MIDC cannot refuse transfer of property sold by Official Liquidator in company winding up, as the sale is conducted under court supervision and the purchaser steps into the shoes of the company.

21 Aug 2020

The applicant, M/s. Metal Tubes and Rolling Mills, filed a Company Application seeking directions against the Regional Officer, MIDC (Respondent No.2)...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal to Continue Winding Up Petition in High Court Amidst Insolvency Proceedings Under IBC. Held that winding up petitions under Section 433(e) of Companies Act, 1956 where notice has been served under Rule 26 of Companies (Court) Rules, 1959 are not automatically transferred to NCLT and may continue in High Court, but such continuation does not bar initiation or continuation of independent insolvency proceedings under IBC by other creditors.

22 Jan 2019

The appeal arose from an operational creditor's challenge to the continuation of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016...

High Court

Bombay High Court Dismisses Writ Petition Challenging Registration of Charge Under Companies Act — Petitioner Company Failed to Discharge Debt and Opposed Registration of Charge by Creditor; Court Held That Registration of Charge Is Not Dependent on Consent of Borrower and That the Remedy of Appeal Under Section 10F of Companies Act Is Available.

5 Mar 2018

The petitioner, Pearl Engineering Polymers Ltd., a company engaged in polyester chips manufacturing, had borrowed funds from respondent No.4 (AFIC) by...

High Court

High Court of Bombay Upholds CLB Order in Oppression and Mismanagement Case — Share Conversion and Board Reconstitution Upheld. The court affirmed that the conversion of preference shares into equity shares under a Share Subscription cum Shareholders Agreement was valid and that the CLB correctly found oppression and mismanagement by the promoters.

7 Jan 2016

The case involves appeals against an order of the Company Law Board (CLB) in a petition filed by Respondent Nos. 1 and 2 under Sections 397 and 398 of...

High Court

High Court of Bombay Upholds CLB Order in Oppression and Mismanagement Case — Conversion of Preference Shares and Board Reconstitution Upheld. Share Subscription cum Shareholders Agreement and Articles of Association amendments validly passed; conversion of preference shares into equity shares resulting in majority shareholding for investors was lawful.

7 Jan 2016

The case involves appeals against an order of the Company Law Board (CLB) in a petition filed by Respondent Nos. 1 and 2 under Sections 397 and 398 of...

High Court

Bombay High Court Upholds Tribunal's Deletion of Penalty in Sales Tax Case — Revenue Must Prove Gross Neglect. The onus lies on the revenue to establish gross or willful neglect under Explanation I to Section 36(2)(c) of Bombay Sales Tax Act, 1959, and the Tribunal correctly deleted the penalty relying on Indoswe Engineers (P) Ltd.

26 Feb 2015

The case is a Sales Tax Reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sales Tax, Ma...

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