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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 Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Bombay High Court Allows Writ Petition of Widow Against Recovery of Excess Payment from Deceased Employee's Pension. Recovery from Legal Heirs Based on Employee's Undertaking Held Impermissible as Excess Payment Was Due to Employer's Mistake Without Misrepresentation.

The petitioner, Smt. Sudha wd/o Bhagirath Meshram, is the widow of a deceased employee who worked as a Junior Lecturer at Zilla Parishad High School. ...

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Bombay High Court Dismisses Union's Petition Challenging Closure of Shipping Company Office. Labour Court's Finding of Genuine Closure Upheld; No Unfair Labour Practice Under Items 1(b) and 1(d) of Schedule IV of MRTU & PULP Act.

The case involves a writ petition filed by Lionel Edward & India Steamship Employees Union challenging the dismissal of their complaint of unfair labo...

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Supreme Court Hears Appeal Against Bombay High Court Order Directing Grant of Amenity TDR for Garden Development. High Court Allowed Writ Petition Challenging BMC's Denial of TDR and Directed Grant of Additional Amenity TDR Under Section 126 of MRTP Act.

The dispute centers on the entitlement to additional amenity Transferable Development Rights (TDR) for a garden developed on land reserved for a publi...

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Bombay High Court Adjudicates Challenge to Revocation of Electricity Duty Exemption for Educational Institutions by State Government. Petitioners Seek Quashing of Government Communication and Levy of Duty Under Maharashtra Electricity Duty Act, 1958; Court Issues Rule.

The petitioners, comprising 10 educational institutions managed by a charitable trust, filed a writ petition under Article 226 of the Constitution of ...

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Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...