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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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High Court of Gujarat Hears Challenge to Constitutional Validity of Section 10A(2)(c) of MMDR Act and Rule 8(4) of MCR Rules, 2016. Petition Seeks Execution of Mining Lease Deed and Challenges Orders of Union and State Governments.

The petitioner, a company registered under the Companies Act, 1956 (originally ABG Cement Ltd., later Vadraj Cement Ltd.), filed a writ petition befor...

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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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NCLAT Dismisses Appeal Against NCLT Order Refusing Recall of CIRP Admission Order. Recall Application Under Rule 11 of NCLT Rules, 2016 Not Maintainable as It Seeks Review of Merits, Not Correction of Clerical Error or Fraud.

The appellant, RCC E-Construct Pvt. Ltd., filed a Company Appeal before the National Company Law Appellate Tribunal (NCLAT), Chennai, challenging the ...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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Bombay High Court Dismisses PIL Challenging Land Allotment to Bhartiya Vidya Bhavan for School and Playground. Court upholds allotment as consistent with development plan reservation and public interest.

The case is a Public Interest Litigation (PIL) filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the allot...

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Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...