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Supreme Court Dismisses Appeals Against Insolvency Initiation Under Insolvency and Bankruptcy Code, 2016 -- NCLAT Order Upheld in Favor of Allottees as Financial Creditors -- Corporate Debtors Failed to Deliver Possession and Complete Formalities

The Supreme Court dismissed civil appeals filed by erstwhile directors of corporate debtors against the NCLAT judgment which upheld the NCLT order ini...

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Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

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Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Supreme Court Upholds Pre-emptive Purchase Order Under Income Tax Act for Undervalued Property. Appropriate Authority's Valuation Based on Comparable Sales Upheld as Reasonable.

The Supreme Court dismissed appeals by prospective buyers (Krishna Kumar Rawat & Ors.) and partly allowed the appeal by the Union of India against a H...

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Bombay High Court Allows Petition and Quashes Criminal Proceedings in Municipal Notice Case — Lack of Delegation of Powers Under Mumbai Municipal Corporation Act. Notice Issued by Assistant Engineer Without Authorization from Commissioner Held Invalid Under Section 381 of the Act.

The petitioner, Kishanlal Udaylal Jain, through his power of attorney holder, filed a Criminal Writ Petition under Article 227 of the Constitution of ...

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Supreme Court Dismisses Appeal Against NCDRC Order Rejecting Insurance Claim for Road Damage Due to Normal Wear and Tear Exclusion. The appellant failed to prove that the damage was caused by abnormal rainfall and not normal wear and tear under Section 1 of the insurance policy.

The appellant, Mahavir Road and Infrastructure Pvt Ltd., was undertaking road resurfacing and asphalting in Nashik and obtained an insurance policy fr...

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Bombay High Court Allows Petition Challenging Demolition Notices for Structure Affected by Road Over Bridge Alignment. Court Directs Municipal Corporation to First Decide Land Ownership and Compensation Issues Before Demolition Under Article 226 of the Constitution of India.

The petitioner, Jasuben Raghavji Patel, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...