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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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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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Bombay High Court Issues Rule Nisi in Cyber Fraud Case Involving Unauthorized Withdrawals of Rs. 38.04 Lakh. Petitioner Claims Banks Breached RBI Guidelines on Internet Banking and Failed to Reverse Fraudulent Transactions.

The petitioner, a freelancer in business consultancy, maintained savings and current accounts with HDFC Bank since 2011 and 2016 respectively. On 14 J...

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Court Denies Petition to Quash Cheating Charges in E-Rickshaw Sale Case. "Ignorance of Law No Excuse: Court Emphasizes Limited Scope of Quashing Petitions and Upholds Allegations of Cheating"

The Petitioner sought the quashing of criminal proceedings against him for alleged cheating (Section 420 IPC) related to the sale of an unregistered E...

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Supreme Court Partially Allows Appeal in Insurance Company Service Dispute — No Work No Pay Principle Applied for Period After Punishment Order. Setting Aside of Termination Order Does Not Automatically Entitle Employee to Back Wages; Employee Must Show Willingness to Work.

The Supreme Court considered an appeal by United India Insurance Company against a High Court order directing payment of salary to the respondent, Sir...

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Supreme Court Partially Allows Appeal in Insurance Company Service Dispute — No Work No Pay Principle Applied for Period After Punishment Order. Employee Not Entitled to Salary for Period of Unauthorised Absence Despite Subsequent Quashing of Termination Order.

The Supreme Court considered an appeal by the Chief Regional Manager, United India Insurance Company Limited against a judgment of the Allahabad High ...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment.

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the ...