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High Court of Karnataka Considers Whether Registrar NCLT Can Scrutinize Maintainability of Section 95 IBC Petition at Filing Stage. Appeal Challenges Single Judge's Order Holding E-Filing of Insolvency Petition Against Partnership Firm Void and Non-Est....

The appeal arose from a writ petition filed by M/s Manyata Reallty, a partnership firm, challenging the e-filing of a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 by Buoyant T...

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High Court of Karnataka Allows Canara Bank's Appeal Against Refund Order in SARFAESI Auction Dispute — Bank Not Obliged to Refund 25% Deposit When Auction Purchaser Defaults on Balance Payment....

The appellant, Canara Bank, conducted an e-auction on 29 November 2021 of a property under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Allows Writ Petition of Retired Zilla Parishad Employees Challenging Recovery of Excess Pay. Recovery Orders Quashed as Employees Did Not Play Fraud and Undertakings Were Coercively Extracted at Retirement....

The petitioners were retired employees of the Zilla Parishad, Nashik, who had superannuated between 2018 and 2023. They had been paid revised pay scales based on acquiring MS-CIT certificates, but lat...

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Bombay High Court Grants Bail to Accused in Murder Case Due to Violation of Speedy Trial Right Despite Prima Facie Role in Assault with Axe. Right to Speedy Trial Under Article 21 of the Constitution Prevails Over Merits Where Trial Has Not Progressed Beyond Charge Framing for Over Three Years....

The applicant, Chandrakant Masanna Gaikwad, was arrested on 13th June 2021 in connection with C.R. No.275 of 2021 registered at Akkalkot North Police Station, Solapur, for offences under Sections 302,...

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Bombay High Court Grants Bail to POCSO Accused on Ground of Long Incarceration and Violation of Right to Speedy Trial Under Article 21. Applicant incarcerated for 3 years 10 months with only one witness examined; court held that right to speedy trial under Article 21 is violated and granted bail with stringent conditions....

The applicant, Digambar Uddhav Supekar, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection with C.R. No.963 of 2020 registered at ...

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Bombay High Court Holds That Jurisdiction for Section 34 Challenge to MSMED Act Award Is Governed by Section 18(4) of MSMED Act, Not by Exclusive Jurisdiction Clause in Agreement. The non obstante provision in Section 18(4) overrides the arbitration agreement, and the Section 34 petition must be filed at the place where the supplier is located....

The case involves a reference to a Larger Bench of the Bombay High Court to resolve a conflict between two Single Judge decisions regarding the jurisdiction for filing a petition under Section 34 of t...

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage....

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original defendant-petitioner, Harilal Anurup Awadhia (since ...

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Bombay High Court Directs Cantonment Board and PCMC to Act Against Unauthorised Conversion of Basement Godowns into Bar and Restaurant. Statutory Authorities Cannot Plead Helplessness in Enforcing Law Against Admitted Illegalities....

The Petitioner, a retired Colonel, filed complaints in 2016 to the Cantonment Board, Dehu Road, and the Pimpri Chinchwad Municipal Corporation (PCMC) alleging that Respondents No. 9 to 12 had illegall...

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Bombay High Court Allows Transfer of Criminal Case from Beed to Thane on Grounds of Convenience and Hardship of Wife. Court also exercises inherent power to restore dismissed DV application to avoid multiplicity of proceedings....

The applicant, Pooja Sanjay Gondage, filed a criminal application under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of RCC No. 203/2018 pending before the Judicial Magistrate ...

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Bombay High Court Allows Refund in GST Case Based on Department's Affidavit Acknowledging Eligibility — Interest Not Payable Under Amended Section 50(3) of CGST Act, 2017. Petitioner's credit balance never fell below wrongly availed amount, so no interest was due....

The petitioner, Soorajmull Bajinath Private Limited, filed a writ petition challenging an order dated 18 August 2021 passed by the Joint Commissioner (Appeals) declining refunds. The appeal against th...