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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Supreme Court Dismisses Appeal in Insolvency Case Involving Trademark Ownership Dispute. The Court upheld NCLAT's finding that NCLT's declaration of trademark ownership impermissibly modified the approved Resolution Plan under the Insolvency and Bankruptcy Code, 2016.

The appeal arose from a dispute over trademark ownership in the context of a corporate insolvency resolution process under the Insolvency and Bankrupt...

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Bombay High Court Quashes Interim Compensation Order in Dishonour of Cheque Cases Due to Lack of Application of Mind by Magistrate. Magistrate directed to pass reasoned order after considering defence that cheques were given as security in matrimonial dispute.

The petitioner, Prakash Nanji Thakkar, filed five criminal writ petitions challenging an order dated 06/06/2019 passed by the learned Metropolitan Mag...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...

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High Court of Judicature at Bombay Considers Application Under Section 482 CrPC Seeking Quashing of Complaint Under Section 138 of Negotiable Instruments Act, 1881. Applicant Challenges Vicarious Liability Under Section 141 and Compliance with Section 202 CrPC Inquiry in Cheque Dishonour Case.

The applicant preferred a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the proceedings in a complaint u...