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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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High Court of Bombay Dismisses Petitions Challenging Arbitral Award in Stock Broker Dispute. Court Upholds Arbitral Tribunal's Findings of Fact and Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns multiple arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Allows Discharge of Chartered Accountant in Financial Fraud Case Due to Lack of Prima Facie Evidence. Professional Advice Without Specific Role in Siphoning Funds Does Not Attract Criminal Liability Under RBI Act and SEBI Act.

The applicant, Parag Raman Hangekar, a chartered accountant, filed a criminal revision application against the order of the Special Judge (Additional ...

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High Court of Bombay at Goa Hears Challenge to Royalty Rules Under MMDR Act. Petitioners Argue Notification and Amended Rule 64D Exceed Section 9(3) Powers.

These writ petitions arose out of challenges by various mining leaseholders in Goa to the notification dated 13 August 2009, the amendment to Rule 64D...

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Bombay High Court Dismisses Challenge to Arbitral Award in Stock Broker Dispute Under Section 34 of Arbitration and Conciliation Act, 1996. Court Upholds Award as Not Suffering from Patent Illegality or Being Against Public Policy, Refusing to Reappreciate Evidence.

The petitioner, Angel Capital & Debt Market Limited, a stock broker, challenged an arbitral award dated 16 May 2009 under Section 34 of the Arbitratio...

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High Court of Bombay Holds Bank of Maharashtra Action Contrary to RBI Wilful Defaulter Guidelines Due to Absence of Reasoned First Committee Order. Declaration of Wilful Defaulter Requires Strict Compliance with Procedural Safeguards Under RBI Master Circular and Supreme Court Precedent.

Background: The dispute arose out of a writ petition filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging the declaration of...