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Supreme Court Dismisses Corporate Debtor's Appeal Against NCLT Order Admitting Insolvency Application Under Insolvency and Bankruptcy Code, 2016. Maharashtra Act Moratorium Does Not Bar Insolvency Proceedings as Section 238 of the Code Overrides Inconsistent State Laws.

The appeal arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The corporate debtor, a multi-product compan...

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Bombay High Court Dismisses Tenant’s Writ Petition Challenging Eviction Decree Under Bombay Rent Act. Concurrent Findings of Default in Rent Payment Under Section 12 Upheld as No Dispute Raised Within One Month of Demand Notice.

The dispute arose from an eviction suit filed by the respondent-landlord, who became owner of House No. 447B, Mahatma Phule Peth, Pune, by virtue of a...

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Bombay High Court Dismisses Revision Against Conviction for Attempted Robbery and House Trespass — Evidence of Injured Complainant and Son Found Credible. Concurrent findings of fact under Sections 393 and 452 IPC upheld as not perverse.

The applicant, Chandu @ Chandrakant Ramkrishna Pawar, was convicted by the Judicial Magistrate First Class, Court No.5, Amravati in Regular Criminal C...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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Gujarat High Court Allows Appeals in Tenancy Suo Moto Revision Case — Limitation Not Applicable to Section 84C Powers. Concurrent findings of fact by revenue authorities cannot be interfered with under Article 227 unless perverse.

The case involves a set of intra-court appeals (Letters Patent Appeals) filed against a common judgment dated 21.11.2016 passed by a learned Single Ju...

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Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

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High Court of Gujarat Upholds Disciplinary Action Against Chartered Accountant for Professional Misconduct in Bank Audit. Failure to Report Irregular Loans and Deficient Documentation Constitutes Negligence Under Section 21(5) of the Chartered Accountants Act, 1949.

This is a case reference under Section 21(5) of the Chartered Accountants Act, 1949, arising from a complaint by Smt. Prabha S. Prasad, General Manage...