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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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Supreme Court Remands Caste Validity Case for Fresh Consideration Along with Relatives' Cases. The Court set aside the High Court's dismissal and directed the Scrutiny Committee to consider the appellant's caste certificate validity together with his father and cousins' cases to avoid conflicting orders.

The appellant, Rushikesh Bharat Garud, challenged the order of the Scheduled Tribe Certificate Scrutiny Committee, Nashik, which invalidated his caste...

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Bombay High Court Allows Petition Challenging Caste Scrutiny Committee Order Invalidating OBC Claim. Committee Failed to Consider Vigilance Cell Report and Documents, Violating Natural Justice Under Maharashtra SC/ST/OBC Act, 2001.

The petitioner, Pooja Naresh Lalwani, a student of Civil Engineering at Jawaharlal Darda Institute of Engineering & Technology, challenged the order d...

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Bombay High Court Allows Writ Petition Challenging Invalidation of Thakur Scheduled Tribe Certificate. Court holds that Scrutiny Committee must consider all relevant documents including pre-constitutional records and cannot reject claim solely on basis of affinity test.

The petitioner, Kumari Kavita Baliram Wagh, filed a writ petition challenging the decision dated 14-10-2009 of the Scheduled Tribe Certificate Scrutin...

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Bombay High Court Dismisses Petition Challenging Fee Regulation in Unaided Schools — State Has Power to Regulate Fees Under Maharashtra Education Institutes (Prevention of Capitation Fees) Act, 1987 to Prevent Capitation Fees and Profiteering.

The petitioners, an association of private unaided minority and non-minority schools running international curriculum schools, challenged the constitu...

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Bombay High Court Allows Petition of BDS Student Challenging Invalidity of Scheduled Tribe Certificate. Court holds that Scrutiny Committee erred in rejecting Thakar tribe claim based on preponderance of probabilities and contemporaneous school records of paternal relatives.

The petitioner, Ms. Snehal Dilip Gaikwad, a student provisionally admitted to the Bachelor of Dental Surgery (BDS) course at Sinhgad Dental College, P...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee Order Rejecting Thakur Scheduled Tribe Claim Due to Perversity. Committee Directed to Reconsider Claim Giving Weight to Cousin Brother's Validity Certificate.

The petitioner, Sachin Subhash Thakur, appeared for the Common Entrance Test for Engineering/Technology Admissions in 2018 and sought admission to an ...