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National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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High Court of Karnataka Quashes Rule 8(1)(a) of Minerals Concession Rules, 2016 as Ultra Vires Section 10A(2)(c) of MMDR Act. Rule restricting transfer of mining leases to minerals not specified in First Schedule held inconsistent with parent Act.

The judgment concerns a batch of writ petitions challenging the validity of Rule 8(1)(a) of the Minerals (Other than Atomic and Hydro Carbons Energy M...

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High Court of Karnataka Dismisses Challenge to Rule 8(1)(a) of Minerals Concession Rules, 2016 by Mining Lessees. Rule requiring prior approval for transfer of mining leases for minerals not in First Schedule to MMDR Act held intra vires and not inconsistent with Section 10A(2)(c) of Amendment Act 2015.

The petitioners, holders of mining leases for minerals not specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act,...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...