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Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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High Court of Karnataka Dismisses Review Petition in Land Acquisition Compensation Dispute — No Error Apparent on Record. Review Petition under Section 114 r/w Order 47 Rule 1 CPC fails as petitioners seek re-argument on merits, not correction of error.

The review petition was filed by the Special Land Acquisition Officer and the Karnataka Industrial Area Development Board (KIADB) seeking review of an...

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Gujarat High Court Directs Payment of Interest on Delayed Salary to Teacher for Unjustified Delay in Implementing Tribunal Order. The court held that delayed payment of salary without interest amounts to unjust enrichment and ordered interest at 9% per annum.

The petitioner, Alkaben Ratilal Patel, a teacher, filed a writ petition under Article 226 of the Constitution of India seeking interest on delayed pay...

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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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Bombay High Court Acquits Accused in Rape Case Due to Material Contradictions and Improbable Prosecution Case. Conviction under Section 376 IPC Set Aside as Testimony of Prosecutrix Lacks Corroboration and Medical Evidence Does Not Support Allegations.

The appellant, Shrikant Sukhdeo Borkar, was convicted by the 5th Additional Sessions Judge, Nagpur, for offences under Sections 376, 323, and 342 IPC ...

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High Court of Karnataka Allows Accused to Cross-Examine Prosecution Witnesses in Sessions Case — Right to Fair Trial Upheld. Sessions Court's Rejection of Cross-Examination Application Set Aside Under Section 482 CrPC Due to Absence of Counsel on Earlier Date.

The petitioner, Sri Devaraj, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karna...

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High Court of Karnataka Dismisses Petition Challenging Transfer Order in Service Matter — Transfer Held to Be an Incident of Service. Petitioner's Transfer from Belgaum to Bangalore was in Public Interest and Not Vitiated by Malice or Violation of Statutory Rules.

The petitioner, B.G. Rajagopal, a Surveyor in the Department of Survey Settlement and Land Records, was transferred from Belgaum to Bangalore by an of...

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High Court of Karnataka Dismisses Petition Challenging Transfer Order in Service Matter — Transfer Held to Be an Incident of Service. Petitioner's Transfer from Belgaum to Bangalore was in Public Interest and Not Vitiated by Malice or Violation of Statutory Rules.

The petitioner, B.G. Rajagopal, a Surveyor in the Department of Survey Settlement and Land Records, was transferred from Belgaum to Bangalore by an of...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...