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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Gujarat High Court Upholds Conviction for Murder in Hired Car Driver Stabbing Case — Circumstantial Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt. The court held that the last seen theory, recovery of weapon, and motive established the guilt of the accused under Section 302 IPC.

The appellant, Sandipkumar Sureshbhai Patel, was convicted under Section 302 IPC for the murder of Mazharkhan Saidkhan Pathan, a driver of an Innova c...

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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

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High Court of Karnataka Considers Petition to Quash Criminal Proceedings for Offences Under IPC in Relation to Forged Document Produced in Court. Petitioner Argues Bar Under Section 195 CrPC Renders Cognizance Without Jurisdiction.

The petitioner, Smt. Latha Rajanikanth, approached the High Court of Karnataka under Section 482 of the Code of Criminal Procedure, 1973 seeking to qu...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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High Court of Karnataka Dismisses State's Appeal and Allows Cross-Objection in Land Acquisition Compensation Case — Market Value Determined Based on Sale Deed of Similar Land.

The case pertains to land acquisition proceedings initiated by the State of Karnataka for a highway improvement project. The land belonging to Smt. Ka...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...