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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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Bombay High Court Allows Appeals in Central Excise Cases Involving 100% EOU — Cenvat Credit on Inputs and Capital Goods Allowed Despite Procedural Lapses. Substantial compliance with Central Excise Rules, 2002 and Notification No. 22/2003-CE sufficient for entitlement to Cenvat credit.

The judgment concerns three Central Excise Appeals filed by Shri Dharampal Lalchand Chug and Shri Kamal Lalchand Chug, who are sole proprietors of 100...

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Bombay High Court Dismisses Writ Petition by Court Officers Seeking Parity in Pension and Retirement Benefits with Higher Judicial Officers. Classification of employees into Class I and Class II based on duties and responsibilities is valid and not discriminatory under Articles 14 and 16 of the Constitution.

The petitioners, fifteen officers of the High Court of Bombay holding positions such as Registrar, Prothonotary, Commissioner for Taking Accounts, Add...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. Tribunal Erred in Dismissing Claim on Ground of Lack of Negligence Despite Clear Evidence of Rash Driving and Criminal Conviction.

The appellant, Santosh Chandrakant Potdar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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Supreme Court Upholds Teachers in University Appointment Validity Dispute - Appointments Made Under Uttar Pradesh State Universities Act, 1973 Remain Valid Despite University's Conversion to Central University Under Central Universities Act, 2009.

The dispute involved teachers appointed as Associate Professors/Assistant Professors in the Department of Pharmaceutical Sciences at H.N.B. Garhwal Un...

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Bombay High Court Allows Writ Petition Challenging Rejection of Revision Application Under Indian Forest Act. Minister's order set aside for non-application of mind and failure to consider material evidence regarding agricultural character of land.

The petitioner, Vijayalaxmi Shrinivas Panditrao, filed a writ petition before the Bombay High Court challenging an order dated 20th August, 2019 passe...

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Bombay High Court Examines Legality of Preventive Detention Order Under MPDA Act, 1981 Citing Non-Application of Mind and Procedural Flaws. Detention Based on Stale Past Incidents and Improper Communication of Right to Representation Raises Concerns Under Article 22(5).

The petitioner, a resident of Aurangabad, filed a criminal writ petition under Article 226 of the Constitution of India challenging the preventive det...