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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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Bombay High Court Quashes FIR and Charge-Sheet in Abetment of Suicide Case Due to Absence of Instigating Acts. Land Dispute and Suicide Note Not Sufficient to Attract Section 306 IPC Without Proximate and Direct Instigation.

The applicants, Ramdas @ Rama s/o Popat Adhav, Dada s/o Popat Adhav, Popat s/o Sakharam Adhav, and Jijabai w/o Popat Adhav, filed a criminal applicati...

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Supreme Court Allows Appeal in Insolvency Case Due to Absence of Financial Debt Against Pledgor. Petition Under Section 7 IBC Not Maintainable as No Disbursement Was Made to Corporate Debtor, and Pledge Alone Does Not Constitute Financial Debt Under Section 5(8) of Insolvency and Bankruptcy Code, 2016.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the Adjudicating Auth...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 not rebutted; failure to show loan in income tax returns does not invalidate legally enforceable debt.

The appellant, Pushpa Sanchalal Kothari, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the acquitt...

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High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The appellant, Uttam Ramaji Shere, was a public servant working with the Mahatma Fule Backward Development Corporation, Akola. He was convicted by the...

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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities.

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, al...