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NCLAT Adjudicates Appeals Against NCLT Orders Directing Replacement of Resolution Professional. Issues Pertain to Applicability of Sections 97 and 98 of IBC to Part II CIRP and Interpretation of IBBI Bye-law 23A.

The appeals arise from insolvency proceedings of Hindusthan National Glass & Industries Limited. The Corporate Insolvency Resolution Process (CIRP) be...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Bombay High Court Dismisses Appeals Against Setting Aside of Arbitral Awards for Lack of Concluded Contract. Joint Exploration Agreement Held Not Binding as Conditions Precedent Not Fulfilled, Resulting in No Valid Arbitration Agreement.

The case involves appeals by Hindustan Petroleum Corporation Ltd. and Prize Petroleum Company Ltd. (appellants) against M3nergy Sdn. Bhd. (respondent)...

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Bombay High Court Hears Challenge to Food Safety Authority’s Advisories Allegedly Amending Regulations Without Statutory Power. Validity of Advisory Issued Under Food Safety and Standards Act, 2006, Questioned as Ultra Vires Section 92 of the Act.

A writ petition under Article 226 of the Constitution of India was filed by Vital Nutraceuticals Private Limited and the Indian Drug Manufacturers’ ...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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Supreme Court Sets Aside NGT Order Directing Reconsideration of SPCB Appointments, Holds NGT Exceeded Jurisdiction. State Governments Urged to Make Appointments with Due Care in Light of Article 48A and Environmental Principles.

Background: The case involved a batch of civil appeals filed before the Supreme Court against a judgment and order dated 24 August 2016 passed by the ...