Search Results for "section 36A"

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NCLAT Allows Appeal Against NCLT Order Dismissing Section 7 Application as Abated Due to Death of Corporate Debtor's Director. The Tribunal held that the death of a director does not abate proceedings under the Insolvency and Bankruptcy Code, 2016, and the Resolution Professional can continue the process.

The appeal arises from an order of the National Company Law Tribunal (NCLT), Bengaluru Bench, dated 30.12.2019, which dismissed IA No.47/2019 in CP(IB...

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Bombay High Court Allows Second Appeal in Mesne Profits Case — Trial Court's Direction for Enquiry Without Pleadings Set Aside. Direction for mesne profits enquiry under Order XX Rule 12 CPC without any pleadings or prayers in the suit is unsustainable.

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Declaration of Ownership and Injunction — Petitioner Failed to Prove Title Over Disputed Property.

The petitioner, Dr. Arjun Sitaram Nitinwar, filed a suit for declaration of ownership and permanent injunction against the respondents in the Court of...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Upholds Conviction for Grievous Hurt in Targeted Attack Case. Appellant convicted under Section 326 IPC read with Section 34 IPC for causing grievous hurt with a chopper, based on consistent eyewitness testimony and medical evidence.

The appellant, Sunil alias Pona Tolaram Pore (Varma), along with three others, was prosecuted for offences under Sections 364, 307, and 326 of the Ind...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Allows Writ Petition Challenging Revenue Tribunal Order in Tribal Land Transfer Case — Transfer by Tribal to Non-Tribal Without Collector Permission is Void Under MRLS Tribes Act, 1974. Subsequent Purchasers Cannot Claim Protection as Original Transfer is Void Ab Initio.

The petitioners, Ravindra Natthuji Dhobe and others, filed a writ petition challenging the order of the Maharashtra Revenue Tribunal, Nagpur, which di...

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Bombay High Court Quashes Scrutiny Committee Order Denying Scheduled Tribe Validity Certificates for 'Mannervarlu' Tribe — Committee Directed to Reconsider Without Relying on Affinity Test and Revenue Entries Under Maharashtra Land Revenue Code

The petitioners, siblings Anuja and Aditya Damayyawar, challenged the order of the Scheduled Tribe Certificate Scrutiny Committee, Kinwat, which refus...