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NCLAT Dismisses Appeal Against Rejection of CIRP Petition Due to Settlement Agreement - Mediated Settlement Bars Insolvency Proceedings Under Section 61 of IBC, 2016

The appeal was filed by Mr. Rakesh Kumar Jain, a financial creditor, under Section 61 of the Insolvency and Bankruptcy Code, 2016, against an order da...

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Bombay High Court Allows Restoration of Consumer Appeal Dismissed in Default Due to Advocate's Absence. State Commission Lacks Power to Recall DID Order; High Court Exercises Writ Jurisdiction to Set Aside Order and Restore Appeal for Fresh Hearing on Merits.

The petitioner, Arun Modale, had filed a First Appeal No. 481/2009 before the Maharashtra State Consumer Dispute Redressal Commission (State Commissio...

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Supreme Court Allows Default Bail in CBI Cyber Fraud Case Due to Non-Completion of Investigation Within 60 Days Under Section 187(2) BNSS. Appellant Granted Default Bail as Investigation Not Concluded Within Statutory Period of 60 Days from First Remand.

The Supreme Court allowed the appeal of Shaurya Sunil Kumar Singh against the dismissal of his default bail plea by the Bombay High Court. The appella...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Dismisses Petition Challenging Rejection of Delay Condonation Application in Civil Suit — 228-Day Delay Not Sufficiently Explained. The court upheld the trial court's finding that the explanation for delay was vague and unsupported by evidence, declining to interfere under Article 227.

The petitioners, plaintiffs in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order d...

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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...