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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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High Court of Karnataka Allows Writ Petition of Subsequent Purchaser in SC/ST Land Transfer Case — Deputy Commissioner's Order Quashed. Sale of Granted Land After Expiry of 15-Year Non-Alienation Period Held Valid Under Section 4(2) of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978.

The petitioner, Smt. R. Sarojini Devi, a subsequent purchaser of land, challenged the order of the Special Deputy Commissioner, Bengaluru District, da...

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Madras High Court Acquits Accused in POCSO Case Due to Inconsistent Dying Declarations. Conviction under Section 6 of POCSO Act and Section 363 IPC set aside as the dying declarations were contradictory and lacked corroboration.

The appellant, M. Vigneshwaran, was convicted by the Special Court under POCSO Act for penetrative sexual assault and kidnapping of a 17-year-old girl...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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Bombay High Court Allows Appeal Against Winding Up Order Due to Defective Advertisement Under Rule 99 of Company Court Rules, 1959. Failure to Advertise in Correct Name of Company Violates Mandatory Requirement and Cannot Be Cured by Inherent Powers.

The appeal challenged an order dated 21 June 2018 by which the learned Company Judge allowed Company Petition No. 829 of 2003 filed by SICOM Limited f...

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Bombay High Court Upholds Conviction of Accused in Human Trafficking Case Under Section 6 of Immoral Traffic (Prevention) Act, 1956. Minor Girls Rescued from Brothel, Evidence of Detention and Cruelty Established.

The case involves the conviction of Smt. Rita Dilip Ghosh (the applicant) under Section 6 of the Immoral Traffic (Prevention) Act, 1956 (PITA) for det...