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Bombay High Court Allows Appeal in Loan Recovery Case — Decree Satisfaction Set Aside Due to Lack of Consent. Court holds that a decree cannot be marked satisfied without the consent of the decree-holder or a valid compromise recorded under Order 23 Rule 3 CPC.

The Industrial Credit & Investment Corporation of India Ltd. (ICICI) filed a suit against Radha Silk Mills Ltd. for recovery of a foreign currency loa...

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High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

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High Court Allows Writ Petition, Quashes DRAT Order Imposing Pre-deposit on Tenant Under SARFAESI Act -- Petitioner, Neither Borrower Nor Guarantor, Not Required to Deposit 40% for Appeal -- Appeal Revived and Restored for Merits Consideration Without Pre-deposit

The Petitioner, a tenant in a redeveloped building, challenged an order of the Debt Recovery Appellate Tribunal, Mumbai (DRAT, Mumbai) that required h...

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Gujarat High Court Allows Discharge of Accused in CBI Disproportionate Assets Case for Lack of Prima Facie Evidence of Abetment. Cousin of Main Accused Cannot Be Charged Under Section 109 IPC Without Specific Allegations of Instigation or Conspiracy.

The High Court of Gujarat at Ahmedabad, presided over by Justice Hasmukh D. Suthar, allowed a criminal revision application filed by Ajeetkumar S/o Ra...

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Madras High Court Dismisses Revision Against Impleadment of Proprietor's Wife in Money Suit. Order I Rule 10(2) CPC Allows Impleadment of Necessary Party for Effective Adjudication of Dispute Arising from Dishonoured Cheque Issued for Business Loan.

The revision petitioner, K. Balasathiya Narayanan, filed a civil suit (O.S. No.176 of 2019) before the Principal District Court, Erode, against the fi...

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Madras High Court Dismisses Revision Against Impleadment of Proprietor's Wife in Money Suit Under Order I Rule 10(2) CPC. Plaintiff's Objection That No Cause of Action Was Pleaded Against Proposed Party Does Not Bar Impleadment When Presence Is Necessary for Effective Adjudication.

The revision petitioner, K. Balasathiya Narayanan, filed a civil revision petition under Article 227 of the Constitution of India challenging the orde...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...