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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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Bombay High Court Dismisses Revenue's Appeal on Deemed Dividend Under Section 2(22)(e) of Income Tax Act, 1961. Loan to Taxpayer Company Not Deemed Dividend as Taxpayer Was Not Shareholder in Creditor Companies and Payment Was Not to Concern of Common Shareholder.

The appeal before the Division Bench of the Bombay High Court arose from an order of the Income Tax Appellate Tribunal (ITAT), which had confirmed the...

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Bombay High Court Adjudicates Batch of Writ Petitions Filed by Sugar Factories and Distilleries Against State of Maharashtra Regarding Excise Transport Fees. Petitioners Challenged Validity of Transport Fee Demands Under Bombay Prohibition Act, 1949.

The Bombay High Court, in exercise of its civil appellate jurisdiction, adjudicated a batch of fifty-one writ petitions filed by various sugar factori...

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High Court of Karnataka Dismisses State's Commercial Appeal, Upholds Arbitral Award in ICT Project Dispute — Termination Found Unlawful. Composite Contract and Direct Nexus Between State and Consortium Rendered Claim Maintainable, and Arbitral Award of Rs.178.98 Crores Not Against Public Policy.

The appeal arises from an arbitral award of Rs.178,98,38,525 in favour of respondent No.1, a consortium partner, against the State of Karnataka for wr...

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WRIT PETITION NO.9189 of 2010

The matter arose out of a dispute over the setting up of a new private sugar factory. Khandoba Prasanna Sakhar Karkhana Limited and Sahyadri Sahakari ...

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Bombay High Court Quashes Suspension of CL-III License for Violation of Natural Justice and Statutory Procedure. License Suspension Set Aside as Collector Failed to Follow Mandatory Procedure Under Maharashtra Prohibition Act, 1949 and Maharashtra Country Liquor Rules, 1973.

The petitioners, Smt. Aruna Mohanbabu Jaiswal and Sau. Alka Uday Jaiswal, filed a writ petition challenging the order dated 06/05/2022 passed by the C...

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Bombay High Court Grants Judgment on Admission in Sibling Partition Suit Under Muslim Personal Law. Court applies Order 12 Rule 6 CPC to decree partition of deceased father's estate based on admitted shares under Shariat Law.

This is an administration suit filed by one sibling against his brothers and sister for partition and division of the estate of their deceased father,...

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Supreme Court Grants Bail to Appellant in PMLA Case Due to Prolonged Incarceration and No Likelihood of Speedy Trial — Twin Conditions Under Section 45 PMLA Relaxed as Bail is Rule and Jail is Exception.

The Supreme Court allowed the appeal of Prem Prakash against the judgment of the High Court of Jharkhand which had dismissed his bail application in a...