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NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over unpaid loan and property transfer held to be purely contractual, not constituting criminal breach of trust or cheating under Section 420 IPC.

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

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High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Dispute over property sale agreement held to be purely contractual, not constituting criminal offence under Section 420 IPC.

The petitioners, Sourish Bose and Deepanvita Ghosh, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Sec...

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Supreme Court Allows Appeal in Tender Dispute Over EMD Mode — Fixed Deposit Held Valid for Out-of-State Bidder. Tender Condition Requiring Demand Draft for Out-of-State Bidders Interpreted as Directory, Not Mandatory, Based on Consistent State Practice.

The appellant, RR Constructions and Infrastructure India Pvt. Ltd., an out-of-State bidder, was disqualified by the High Court for submitting a Fixed ...

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Bombay High Court Upholds School Tribunal's Order of Reinstatement and Back Wages for Unfair Termination of Junior Clerk. Termination Order Set Aside as Management Failed to Prove Misconduct and Violated Principles of Natural Justice.

The Progressive Education Society and another (petitioners) challenged the judgment and order dated 11th August, 2000 passed by the learned Presiding ...

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Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Valid, License Revocable Under Section 62 of Easements Act, 1882. Appellate Court Exceeded Jurisdiction by Reversing Declaration of Ownership Without Cross-Appeal.

The appellant, Tulshidas Lokhande, filed a suit for declaration of ownership and possession of Plot No. 273 against the respondent, Madhukar Lokhande,...

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Bombay High Court Quashes Blacklisting of Supplier by Central Bank of India for Non-Supply Due to Force Majeure. Natural Calamity in Thailand Constitutes Force Majeure Excusing Performance Under Contract Law Principles.

The petitioner, M/s. Acer India (Pvt.) Ltd., a private limited company engaged in supplying computer software and hardware, challenged its blacklistin...

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...