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NCLAT Upholds Sale of Corporate Debtor as Going Concern in Liquidation — Confirms Immunity Under Section 32A IBC. Liquidator's Application for Confirmation of Sale and Immunity Allowed Despite Objections from Suspended Directors.

The appeal arose from a common order dated 27.09.2024 passed by the NCLT, Chennai, in IA(IBC)/415/2024, IA(IBC)/1701/2023, and IA(IBC)/1757/2023 in th...

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Supreme Court Allows Co-operative Bank Appeal Against Sureties -- Holds Sureties Liable for Original Loan Under Section 133 of Indian Contract Act, 1872 -- Gujarat High Court Order Set Aside in Recovery Dispute

The Supreme Court allowed appeal by Appellant against High Court order that discharged sureties from all liability -- The Court held that under Sectio...

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High Court Quashes Show-Cause Notices Against Belagavi City Corporation Councillors -- Commissioner Lacks Jurisdiction to Initiate Disqualification Proceedings Under Karnataka Municipal Corporations Act, 1976

The High Court of Karnataka quashed show-cause notices issued to two elected Councillors of Belagavi City Corporation proposing disqualification under...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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High Court of Karnataka Allows Writ Petition Challenging Look Out Circulars Issued by Banks for Loan Recovery — Right to Travel Upheld. Banks Directed to Recall LoCs as Issuance Solely for Civil Debt Recovery Violates Fundamental Rights Under Article 21 of the Constitution of India.

The petitioner, Dr. Bavaguthu Raghuram Shetty, an Indian citizen aged 78 years, filed a writ petition under Articles 226 and 227 of the Constitution o...

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High Court of Karnataka Allows Landowner's Petition in Land Acquisition Case Due to Delay in Final Notification Under Section 11(7) of RFCTLARR Act, 2013. Preliminary Notification Deemed Rescinded as Final Notification Not Issued Within Statutory Period.

The petitioner, Sri K. Ganganna, owned lands that were acquired by the respondents for the Indian Railways. A preliminary notification under Section 1...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...