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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Supreme Court Allows Appeal in Passport Return Case — High Court's Revision Order Set Aside for Lack of Jurisdiction Under Section 442 BNSS. Second Revision Barred Under Section 442(3) BNSS as Sessions Judge's Order Was Passed in Revision.

The appellant, Seesa Santosh, lodged a complaint on 12 October 2014 regarding the suspicious unnatural death of his father. An unnatural death case un...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award — Holds That Single Judge Erred in Setting Aside Award on Grounds of Patent Illegality and Public Policy. The Court Reinstated the Arbitral Tribunal's Findings on Oral Agreement and Quantum of Damages.

The appellant, Ratnam Sudesh Iyer, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of a learned Si...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...