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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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Supreme Court Allows State Appeal in Forest Constable Recruitment Case — Cancellation of Select List Upheld Due to Serious Irregularities. Selection Process Conducted Without Written Examination and Violated Reservation Policy, Justifying Fresh Recruitment.

The Supreme Court allowed the appeal filed by the State of Assam and its officers against the judgment of the Gauhati High Court, which had quashed th...

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Bombay High Court Allows Lapse of Reservation Under Section 127 of MRTP Act for Land Reserved for Garden Since 1976 — Award Under Section 23 of RFCTLARR Act 2013 Quashed as Acquisition Not Completed Within Statutory Period

The petitioners, owners of land in Kankavali, challenged the reservation of their land for a garden under the Maharashtra Regional and Town Planning A...

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High Court of Karnataka Quashes Revocation of Environmental Clearance for Granite Quarrying Near Bannerghatta National Park. Environmental Clearance Restored as Eco-Sensitive Zone Notification dated 11.03.2020 Limits Mining Prohibition to Notified 100-Meter Zone, Not One-Kilometer Buffer.

The petitioner, owner of patta land in Herandyapanahalli Village, Kanakapura Taluk, was granted a work order on 14.01.2016 under Rule 32(1) of the Kar...

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Bombay High Court Allows State's Appeal in Land Acquisition Case, Reduces Compensation for Agricultural Land. Court Determines Market Value Based on Potential for Horticulture and Nearby Sale Instances, Applying Deductions for Development.

The case pertains to an appeal by the State of Maharashtra and a cross objection by the claimants (legal heirs of the original landowner) against the ...

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High Court of Bombay at Goa Considers Challenge to MoEF Notification Transferring NGT Jurisdiction Over Goa Matters to Delhi Principal Bench. The Court Examines Legality of Transfer Without Public Consultation and Lack of Alternative Arrangements Under NGT Act.

The High Court of Bombay at Goa took suo motu cognizance on 21st August 2017 upon learning of a notification by the Ministry of Environment, Forest an...

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Bombay High Court Considers Petition Challenging Draft Development Plan Publication and Extension Under Maharashtra Regional and Town Planning Act, 1966. Petitioners Allege Irregularities in Municipal Corporation's Substitution of Plan and Ex Post Facto Extension Under Section 26.

The matter pertains to a writ petition before the Bombay High Court, Aurangabad Bench, challenging the notification dated 04.02.2016 published under S...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...