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Supreme Court Dismisses Appeal by Operational Creditor in IBC Resolution Plan Challenge — Commercial Wisdom of Committee of Creditors Upheld. Noida Special Economic Zone Authority's claim for full admitted dues rejected as Resolution Plan approved by CoC and NCLT stands, with IBC overriding SEZ Act.

The case involves an appeal by Noida Special Economic Zone Authority (NSEZ Authority), an operational creditor, against the approval of a resolution p...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Dismisses Writ Petition Challenging Inquiry Under MCS Act — Inquiry Valid Despite Non-Compliance with Section 83 Notice Requirements. Court holds that Section 84 inquiry can be initiated without prior notice under Section 83 when there is a prima facie case of mismanagement.

The petitioner, Jayprakash Sahakari Griha Rachana Sanstha Mrt., a society registered under the Maharashtra Co-operative Societies Act, 1960 (MCS Act),...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind by AO. Reassessment based on borrowed satisfaction from investigation wing without forming own belief is invalid.

The petitioner, Skoda Auto Volkswagen India Private Limited, challenged a notice dated 23rd March 2011 issued under Section 148 of the Income Tax Act,...

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Bombay High Court Upholds Re-examination of Witness to Clear Ambiguity in Criminal Trial. Section 311 CrPC permits re-examination to clarify contradictory statements by a witness, not to fill gaps in prosecution evidence.

The applicant, Mangesh Kisanrao Dahe, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay ...

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