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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Allows Pune Municipal Corporation's Appeal Against Money Decree for Consultancy Fees — Contractual Interpretation of 'Sanction of Loan' Determines Entitlement

The Pune Municipal Corporation appealed against a money decree of Rs.7,08,50,000/- with interest passed by the Small Causes Court, Pune, in favor of P...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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Bombay High Court Dismisses ICICI Bank's Intervention Application in Winding-Up Petition. ICICI Bank's claim not yet due and it is otherwise sufficiently secured; application held premature and aimed at defeating resolution of BNYM's claim.

The applicant, ICICI Bank Limited, sought to be impleaded as a respondent or alternatively to intervene in a company application filed by The Bank of ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Demurrage Dispute — Engine Trouble Does Not Suspend Laytime Under Charterparty. Charterer's claim for exclusion of time due to vessel's engine problem rejected as laytime had already commenced and no exception clause applied.

The dispute arose from a Charterparty dated 15 November 2010 between Steel Authority of India Ltd. (charterer/appellant) and Pacific Gulf Shipping Co....

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Derivative Transaction Case. Exchange Traded Derivatives Held Not Speculative Under Section 43(5) of Income Tax Act, 1961, with Retrospective Application of Clause (d) of Proviso.

The case involves an appeal by the Commissioner of Income-tax, Central-IV against the order of the Income Tax Appellate Tribunal (ITAT) in favor of th...

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Bombay High Court Dismisses Pre-Execution Challenge to COFEPOSA Detention Order for Lack of Grounds Under Alka Subhash Gadia Criteria. Petitioner's Argument That Detention Was for Wrong Purpose Rejected as Activities Constituted Smuggling, Not Mere Abetment.

The petitioner, Suresh Kumar U. Jain @ Sanjay Srinath Rana, filed a Criminal Writ Petition under Article 226 of the Constitution of India challenging ...