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Bombay High Court Allows Writ Petition of Instructor Against School Tribunal Order — Appointment of Respondent No.1 Quashed as Without Approval. Tribunal's Direction to Recover Salary from Petitioner Held Without Jurisdiction.

The petitioner, Sangita Vidyadhar Malte, was appointed as a full-time instructor in MLT (MCVC) at a junior college run by respondent no.2 society on 1...

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NCLAT Chennai Allows Appeal of Financial Creditor in Insolvency Case, Directs Reconsideration of Resolution Plan. The Tribunal held that the Resolution Professional's failure to include the appellant in the Committee of Creditors and incorrect determination of voting shares violated the IBC, 2016.

The appeal was filed by RBL Bank Limited against the order of the National Company Law Tribunal (NCLT), Chennai, which had approved the resolution pla...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement of Sale Not Proved as Genuine and Enforceable. Plaintiff Failed to Establish Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 12.04.2005. The plaintiff (respondent No.1) claimed that defendan...

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Bombay High Court Allows Land Acquisition Compensation Revision Applications Due to Non-Consideration of Comparable Sale Instances. Court Remands Matters to Reference Court for Fresh Determination of Market Value Under Section 18 of the Land Acquisition Act, 1894.

The case involves multiple civil revision applications filed by landowners whose agricultural lands were acquired by the State of Maharashtra for the ...

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Bombay High Court Allows Writ Petition Challenging Auction Sale of Guarantor's Property Without Notice Under Maharashtra Cooperative Societies Act. Court holds that sale of property belonging to a guarantor without notice under Section 101 and Rule 107 is void and liable to be set aside.

The petitioner, Amit P. Modi, filed a writ petition challenging the auction sale of his property by the respondent no.5 society, for which he was a gu...

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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Quashes Interest Demand in ESI Act Case for Violation of Natural Justice. Failure to Issue Show Cause Notice Before Determining Interest Under Section 39(5) of Employees' State Insurance Act, 1948 Renders Order Unsustainable.

The petitioner, M/s. St. John's Medical College Hospital, an establishment covered under the Employees' State Insurance Act, 1948, challenged an order...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Dismisses Appeal Against Order Upholding Arbitral Award Refusing Specific Performance of School Sale Agreement. Purchaser's Lack of Readiness and School Closure Justify Non-Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The dispute concerned an agreement for the sale of a running school entered into in 1999 between a public charitable trust as purchaser and the origin...