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National Company Law Appellate Tribunal Considers Appeal Against Admission of Coffee Day Enterprises to CIRP Under Section 7 of Insolvency Code. Appeal Raises Questions on the Validity of Debenture Trustee's Action and Limitation Period Based on Debenture Trust Deed Provisions.

The appeal arose from an order of the NCLT Bengaluru Bench admitting Coffee Day Enterprises Limited (the corporate debtor) into Corporate Insolvency R...

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High Court of Karnataka Hears and Reserves Order on Interim Measures in Intellectual Property Dispute with Foreign Seated Arbitration. Petition Under Section 9 of Arbitration Act Questions Indian Court's Jurisdiction and Maintainability of Mandatory Injunction.

The applicant, a Singapore-incorporated company engaged in software development, filed a petition under Section 9 of the Arbitration and Conciliation ...

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High Court of Karnataka Examines Trial Court's Order Allowing Amendment of Plaint in Suit for Recovery to Include Specific Performance. Petition Under Article 227 Questions Delay and Due Diligence Despite Liberal Approach to Amendments under Order VI Rule 17 CPC.

The writ petition was filed under Article 227 of the Constitution of India by the defendants in a suit, challenging the order of the Senior Civil Judg...

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Bombay High Court Reviews Conviction of Accused in Hotel Murder and Rape Case Based on Circumstantial Evidence. Trial Court Had Convicted Under Sections 302, 376, 201 IPC After Finding Chain of Circumstances Including Absconding and DNA Match.

The appeal arose from the conviction of Vishal @ Shivaji Mahadeo Kamble by the Adhoc Additional Sessions Judge, Baramati, in Sessions Case No.66 of 20...

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Bombay High Court Issues Rule in Writ Petition Challenging Orders Restricting Redevelopment of Cooperative Society under PWR-219 Scheme. Court frames issues regarding requirement of prior permission from Social Welfare Department for redevelopment using additional FSI/TDR.

The writ petition under Article 226 of the Constitution of India was filed by a co-operative housing society challenging orders dated 8 June 2016 and ...

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Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...

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Karnataka High Court Allows Appeal of Injured Pillion Rider in Motor Accident Claim Regarding Liability and Interest. Insurance Company Held Liable Despite Driver Having Licence for Autorickshaw but not Goods Autorickshaw, Following Mukund Dewangan, and Interest Enhanced to 9% Due to Long Delay.

The appeal arose from an award by the Motor Accident Claims Tribunal in a claim petition filed by a pillion rider who sustained grievous injuries in a...

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Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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WRIT PETITION NO.388 OF 2016

The petitioners, a company importing and supplying ATMs to State Bank of India, filed a writ petition under Article 226 of the Constitution challengin...