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Supreme Court Allows Appeal in Contractual Forfeiture Case — HUDCO Cannot Forfeit Payments Without Fulfilling Reciprocal Obligations. Allotment Cancellation and Forfeiture of Rs. 28.11 Crores Set Aside as Unjust Enrichment Where Lessor Failed to Execute Agreement to Sub-Lease.

The dispute arose from an allotment letter issued by HUDCO to Tomorrowland Limited for a 99-year lease of land to build a 5-star hotel. The appellant ...

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Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

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High Court of Karnataka Dismisses Writ Petition Challenging Tribunal Orders in SARFAESI Proceeding. Borrowers Failed to Comply with Conditional Orders and Sale Certificate Was Already Issued to Auction Purchaser.

The case arose from a writ petition filed under Articles 226 and 227 of the Constitution of India challenging two orders of the Debts Recovery Tribuna...

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High Court of Karnataka Quashes NCLT Order Directing State to Permit Windmill Operations in Insolvency Case. NCLT Exceeded Jurisdiction by Exercising Judicial Review Over Administrative Decision, Following Supreme Court Decision in Embassy Property Developments v. State of Karnataka.

The dispute arose out of insolvency proceedings against M/s Wind World (India) Limited, which held a lease over forest land for operating windmills. T...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...

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APPEAL FROM ORDER No. 54 OF 2012

The matter involved two appeals from orders arising out of Special Civil Suit No.2/2012 pending before the Civil Judge, Senior Division, Bicholim. The...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Petitions Seeking Mandamus to Enforce Lease Renewal Clause Against Central Railway. Clause 20.1 of Lease Agreement Does Not Confer Automatic Right of Renewal; Railway's Discretion to Invite Fresh Tenders Upheld.

The judgment concerns two writ petitions filed by Parcel Carriers (India) Pvt Ltd and Scorpion Express Pvt Ltd against the Union of India and Central ...

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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...