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Supreme Court Dismisses Appeal Against Rejection of Discharge in PMLA Case — Money Laundering Held to be Continuing Offence. Retrospective Application of PMLA Upheld Where Proceeds of Crime Remain in Circulation, Irrespective of When Scheduled Offence Was Committed.

The appellant, Pradeep Nirankarnath Sharma, was implicated in a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA) based ...

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Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

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High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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High Court of Karnataka Enhances Compensation for Death of Housewife in Motor Vehicle Accident — Multiplier Corrected from 13 to 14 and Future Prospects Added. Loss of Dependency Calculated at Rs. 4,500 per Month with 1/3rd Deduction, and Conventional Heads Awarded as per Pranay Sethi.

The appeal was filed by Santosh (husband) and his minor daughter Prarthana (through father) under Section 173(1) of the Motor Vehicles Act, 1988, seek...

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Bombay High Court Grants Interim Injunction in Arbitration Dispute Over Saleable FSI and Possession of Property. Court restrains respondents from alienating saleable FSI and disturbing possession pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioners, Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd., filed two arbitration petitions under Section 9 of the Arb...

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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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NCLAT Larger Bench Holds Shareholder/Promoter is an 'Aggrieved Person' Under Section 61 IBC and Has Locus to Challenge Section 7 Admission Order. The reference resolves conflicting views on maintainability of appeal by shareholder against admission of insolvency petition.

The National Company Law Appellate Tribunal (NCLAT) Chennai Bench, in a larger bench of three members, addressed a reference question: whether a share...