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National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

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Bombay High Court at Goa Dismisses Petitions Challenging Chancellor's Order in Goa University Service Dispute. Appointment of Lower Division Clerk Set Aside as Not Conforming to Goa University Act, 1984.

The judgment concerns two writ petitions filed by S.R. Phal (since deceased, represented by legal heirs) and Vinayak J. Kamat challenging an order dat...

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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

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Bombay High Court Grants Injunction in Copyright Infringement Case for Technical Drawings of Flash Lights. Court holds that copyright subsists in technical drawings under Section 2(c) of the Copyright Act, 1957, and that reproduction in a three-dimensional form constitutes infringement.

The plaintiff, Photoquip India Limited, filed a copyright infringement suit against Delhi Photo Store and Sunlight Industries, alleging that the defen...

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Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit.

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inherita...

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Bombay High Court Acquits Five Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitness was brother of deceased and evidence suffered from material contradictions and improvements.

The case involves four criminal appeals filed by five accused persons convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) ...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. Accused's Assurance to Honour Cheque on Re-deposit Does Not Bar Prosecution When Complaint Filed Within Limitation.

The appellant, Ex-Major Uday Sathe, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881. He sold 50 equit...

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...