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Supreme Court Upholds Expulsion of MLC for Unparliamentary Conduct and Defiance of Ethics Committee — Principles of Natural Justice Not Violated as Petitioner Waived Right to be Heard by Repeatedly Avoiding Proceedings and Challenging Committee's Authority.

The petitioner, a Member of the Bihar Legislative Council (MLC) from the Rashtriya Janata Dal, challenged his expulsion from the Council based on a re...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Grants Interim Relief to Franchisee in IPL Termination Dispute. Court restrains BCCI from terminating franchise agreement and issuing fresh tender pending arbitration, holding that prima facie case and balance of convenience favor the franchisee.

The petitioner, Deccan Chronicle Holdings Ltd. (DCHL), was the successful bidder for the Hyderabad franchise of the Indian Premier League (IPL) and en...

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Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

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WRIT PETITION NO. 5290 OF 2013

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NCLAT Chennai Allows Appeal of Financial Creditor in Insolvency Case, Directs Reconsideration of Resolution Plan. The Tribunal held that the Resolution Professional's failure to include the appellant in the Committee of Creditors and incorrect determination of voting shares violated the IBC, 2016.

The appeal was filed by RBL Bank Limited against the order of the National Company Law Tribunal (NCLT), Chennai, which had approved the resolution pla...

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Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...

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High Court of Karnataka Dismisses Appellant's Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Dated 31.07.2007 Proved and Plaintiff's Readiness and Willingness Established Under Section 16(c) of the Specific Relief Act, 1963.

The appellant-defendant filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...