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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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High Court of Karnataka Hears Challenge by Drug Supplier Against Blacklisting Order Alleging Non-Compliance with Rule 26A of Karnataka Transparency in Public Procurements Rules, 2000. Petitioner Assails Blacklisting as Ultra Vires in Absence of Corrupt Practice Finding and Procedural Violation.

The petitioner, a pharmaceutical company, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karna...

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High Court of Bombay Hears Writ Petition in Minimum Wages Act Dispute Over Reimbursement of Labour Costs. Contractor Seeks Revision of Contract Rates After Notification Increased Minimum Wages for Sweeping and Cleaning Employment.

Background: The petitioner, A2Z Infraservices Limited, a company engaged in providing mechanized cleaning and housekeeping services, entered into thre...

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Bombay High Court Admits Writ Petition and Grants Interim Stay on Recovery of Unearned Income. Demand of Rs.26.06 Crores Against Tata Communications Alleged to be Based on Erroneous Finding of Land Transfer Due to Change in Shareholding.

The writ petition was filed by Tata Communications Limited (formerly Videsh Sanchar Nigam Limited) challenging the order of the Revenue Minister dated...

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Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

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Bombay High Court Dismisses Petition Challenging Tender Condition Requiring Minimum Net Worth of Rs. 100 Crore for RTA Empanelment. Condition Held Not Arbitrary or Discriminatory as It Serves Legitimate Purpose of Ensuring Financial Stability and Capacity to Handle Large Volume of Shareholder Data.

The petitioner, Alankit Assignments Limited, a company providing Registrar and Share Transfer Agent (RTA) services, challenged a tender condition issu...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Quashes Wilful Defaulter Declaration Against Directors Due to Violation of Natural Justice. Show-Cause Notice Not Served to Directors Individually, Only to Company, Rendering WDIC and Review Committee Orders Unsustainable.

The petitioners, who are directors of M/s. Universal Industrial Equipments and Technical Services Pvt. Ltd., challenged orders dated 07.12.2020 and 26...