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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Bombay High Court Passes Order on Interim Plea Over Yes Bank Management Rights Claimed by Heirs of Ashok Kapur. Core Issue Involves Interpretation of Articles of Association Regarding Heritability of Co-founder's Defined Privileges Following His Death in 2008 Mumbai Terror Attacks.

The judgment deals with a Notice of Motion taken out by the legal heirs of late Ashok Kapur, co-founder of Yes Bank, who perished in the November 2008...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Stock Broker Dispute Over Unreturned Shares. Concurrent findings of arbitral tribunals that stock broker failed to return client's shares and dividends upheld under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Manoj Javeri Stock Broking Pvt. Ltd., a member of the Bombay Stock Exchange, challenged an arbitral award and appellate award dated 17...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Quashes Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Non-Resident Company — Lack of Reasonable Belief of Income Escaping Assessment. Reassessment Based on Mere Change of Opinion is Impermissible; Notice and Order Rejecting Objections Set Aside.

The petitioner, Indivest Pte Ltd, a company incorporated in Singapore and wholly owned by the Government of Singapore, filed a writ petition challengi...

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Bombay High Court Quashes Tribunal Order for Ignoring Binding Precedent in Section 14A Disallowance Case. Tribunal's refusal to follow earlier decision of the same court on identical issue held to be a jurisdictional error warranting interference under Article 226.

The petitioner, HDFC Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 23 September ...