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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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High Court of Bombay Hears Writ Petition Seeking Quashing of Order and Reference under Section 92BA(i) of Income Tax Act, 1961. Petitioner challenges classification of three transactions as Specified Domestic Transactions based on related party and expenditure definitions.

The petitioner, HDFC Bank Ltd., a banking company, filed a writ petition under Article 226 challenging an order and reference passed by the Assistant ...

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Supreme Court Examines Whether Agreement to Sell Between Landlord and Tenant Terminates Tenancy Under Section 111 Transfer of Property Act. Part Payment of Consideration with Clause for Refund and Restoration of Possession Did Not Evidence Surrender or Cessation of Landlord-Tenant Relationship.

The litigation arose from a dispute over a shop premises in Pune. The original plaintiff, predecessor of the respondents, owned a shop and let it to t...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

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High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...