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Supreme Court Dismisses Appeals Against Kerala High Court Judgment Upholding CAT Order for Inclusion in Promotion Panel. Delay and Laches Not a Bar as Representation Was Replied and Tribunal Condoned Delay.

The case involves a dispute over promotion to the post of Assistant Personnel Officer (APO) in the Southern Railway under the 30% Limited Departmental...

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Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

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Supreme Court Remands Income Tax Reference to High Court for Improper Conditional Disposal. High Court Erred by Basing Answers on Pending Appeals Instead of Determining Issues of Capital Gains and Dividend on Facts.

The appeal arose from a reference under the Income-tax Act, 1922. The assessee, a shareholder of a company, had received distributions out of land acq...

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Bombay High Court Quashes IBBI Circular as Ultra Vires in Insolvency Professional Regulation — Circular Purporting to Clarify Regulation 4(2)(b) of LP Regulations Held to Be an Impermissible Retrospective Amendment.

The petitioner, Amit Gupta, a chartered accountant and registered insolvency professional, challenged a circular dated 28 September 2023 issued by the...

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Bombay High Court Quashes Chief Minister's Stay on Co-operative Bank Recruitment — Chief Minister Lacks Statutory Power Under MCS Act to Interfere in Autonomous Bank's Internal Management.

The petitioners, Chandrapur District Central Co-operative Bank Ltd. and its Chairman, challenged the order dated 29.11.2022 passed by the Chief Minist...

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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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High Court of Karnataka Dismisses State Appeals in Land Acquisition Case — Upholds Compensation Enhancement for Acquired Land. Court holds that belated acquisition proceedings and failure to pay compensation within five years render acquisition lapsed under Section 11A of the Land Acquisition Act, 1894.

The case involves a batch of writ appeals filed by the State of Karnataka and its authorities against the judgment of a learned Single Judge in land a...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with Back Wages for Illegal Retrenchment. Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Void, and Full Back Wages Are the Normal Rule.

The case involves a writ petition filed by Shree Changdeo Sugar Mills Ltd. and another against 27 workmen challenging the award of the Labour Court, K...

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High Court of Karnataka Quashes Clarification and Declares CGST Rule 31A(3) Ultra Vires in Favor of Turf Clubs. GST Liability on Betting Amount Limited to Commission Retained, Not Entire Totalisator Collection, Under CGST Act, 2017.

The two writ petitions were filed by Bangalore Turf Club Limited and Mysore Race Club Limited, companies conducting horse racing and facilitating bett...