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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 Dismisses Tenant’s Revision Application: Upholds Eviction for Failure to Pay Rent and Unauthorized Alterations" "Tenants cannot deny landlord’s title without surrendering possession: Legal heirs of Kashinath Kolwankar lose final appeal."

Civil revision application filed by the legal heirs of the deceased Kashinath Ramchandra Kolwankar, challenging the eviction decree passed by the Appe...

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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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Bombay High Court Allows Petition for Unilateral Deemed Conveyance Under MOFA Act — Failure of Promoter to Execute Conveyance Within Agreed Time Entities Society to Seek Deemed Conveyance Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The petitioner, Jai Jalaram Co-operative Housing Society Ltd., is a cooperative housing society registered under the Maharashtra Cooperative Societies...

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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...