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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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High Court of Karnataka Considers Challenge to Leave India Notice by Australian Employee over Alleged Violation of Natural Justice and FRRO's Jurisdiction. Employment Visa Grant by High Commission Not Subject to FRRO's Nullification, Argues Petitioner.

The writ petition was filed by an Australian citizen, who held an Employment Visa (E-2) valid from 08.01.2018 to 07.01.2020, after being appointed as ...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

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Bombay High Court Dismisses Winding-Up Petition as Foreign Company Failed to Comply with Registration Requirements Under Sections 592 and 599 of Companies Act, 1956. Petitioner, a foreign company with a place of business in India, cannot maintain a winding-up petition without registering under the Act.

The petitioner, Willis Europe B.V., a company incorporated under the laws of the Netherlands with its principal place of business in the United Kingdo...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Examined Challenge to Constitutional Validity of Fact Check Unit Provisions in IT Amendment Rules 2023. Petitioners Allege Violation of Articles 14, 19(1)(a), 19(1)(g), 21 and Ultra Vires of Section 79 and Section 87(2)(z),(zg) of Information Technology Act, 2000.

The judgment arose from a batch of writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. ...