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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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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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High Court of Karnataka Adjudicates Writ Petition Challenging Disqualification Under Anti-Defection Law. Court's Analysis on Whether Absence from Meeting Amounts to Voluntarily Giving Up Membership Insufficiently Provided in Text.

The petitioner, a member of the Koratagere Town Panchayat elected under a Janatha Dal (Secular) ticket, filed this writ petition under Articles 226 an...

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Bombay High Court Considers Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986. Reference to Larger Bench Addresses Meaning of 'Aghadi' and 'Original Political Party' Post-Elections.

The writ petition arose from the disqualification of five councillors of Navapur Municipal Council under the Maharashtra Local Authority Members' Disq...

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Bombay High Court Dismisses Writ Petition Seeking Declaration of Vacancy of Panchayat Seat and Quo Warranto Against Panch. Petitioner Failed to Establish That Respondent No. 2 Was Disqualified Under Section 10(1)(c) of the Goa Panchayat Raj Act, 1994 for Having More Than Two Children.

The petitioner, Mr. Mansoor Mulla, a citizen and voter from Ward No. 9 of Curti, Ponda, Goa, filed a writ petition under Article 226 of the Constituti...

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Bombay High Court Allows Writ Petition Challenging Disqualification of Municipal Councillors for Defying Invalid Party Whip. Whip Issued by District President Not Binding Under Maharashtra Local Authority Members Disqualification Act, 1987.

The petitioners, Sahebrao Narayan Kharat, Bagwan Tamijabee Shaikh Ahmed, and Shaikh Khurshid Ahemad Gulam Jilani, were elected members of the Municipa...

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Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...