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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

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Bombay High Court Dismisses Petition Challenging Cooperative Society's Bye-Law Amendment and Registration of Sub-Lease. Registrar's power to register sub-leases under Section 22 of the Maharashtra Cooperative Societies Act, 1960 upheld.

The petitioner, a cooperative housing society, filed a writ petition challenging the order of the Deputy Registrar of Cooperative Societies dated 15.1...

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Supreme Court Allows Pensioners' Association Appeal in Pension Revision Case — Classification Based on Date of Retirement Held Arbitrary. All Pensioners Form One Class Entitled to Uniform Revised Pension Under Article 14.

The case pertains to a challenge by the All Manipur Pensioners Association against the State of Manipur's office memorandum dated 21.4.1999, which rev...

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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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Bombay High Court Upholds Reinstatement of Workman with 50% Backwages in Disproportionate Punishment Case. Industrial Tribunal's finding of disproportionate punishment for misconduct of sleeping during duty upheld, but backwages reduced to 50%.

The case involves two writ petitions arising from the same industrial dispute. Wheels India Ltd., a company manufacturing steel wheels, challenged Par...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163-A MV Act — Insurance Company Held Liable Despite No Negligence Proof. Compensation Enhanced from Rs.1,84,200 to Rs.2,50,000 with 9% Interest.

The appellant, Nizambhai Vallibhai Dosani, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...