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NCLAT Allows Appeal Against Rejection of Claim by RP in CIRP of Sovereign Industries Ltd. — Claimant's Right to File Claim Before Adjudicating Authority Not Barred by Limitation Under IBC. The NCLAT held that acknowledgment of debt in balance sheets extends limitation and the RP's rejection was erroneous.

The case involves an appeal by Mr. Bhagawant Narayan Naik against the rejection of his claim by the Resolution Professional (RP) of Sovereign Industri...

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Gujarat High Court Acquits Sales Tax Officer in Corruption Case Due to Unreliable Trap Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Manilal Bhikhabhai Makwana, was a Sales Tax Officer in Ahmedabad. The complainant, Himanshu Jayantibhai Patel, was a honey trader. The ...

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Bombay High Court Restores Removal of Up-Sarpanch and Panchayat Member for Illegal Attempt to Transfer Sarpanch's Statutory Powers | Section 39 Maharashtra Village Panchayats Act

The petitioner, elected Sarpanch of Hiware Village Panchayat, sought removal of Respondent Nos. 5 (Up-Sarpanch) and 6 (Member) under Section 39(1) of ...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Case and False Implication. Allegations of Sexual Assault on Minor Found Baseless as Medical Evidence and Conduct of Complainant Contradicted FIR.

The petitioner, Krishnappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings...

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High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Evidence of Sexual Assault. Allegation of Penetration Not Supported by Medical Evidence or Victim's Statement Under Section 164 CrPC.

The petitioner, Krishnappa, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.28/2...

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956.

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up pet...

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Bombay High Court Dismisses Petition for Freedom Fighter Pension Due to Lack of Documentary Evidence. Claim for Sanman Pension as underground freedom fighter in Hyderabad Mukti Sangram rejected for failure to produce contemporaneous records.

The petitioner, Shivram s/o Rama Lokhande, filed a writ petition challenging the order dated 9.10.2012 passed by respondent no.2 (Freedom Fighter's Hi...