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Supreme Court Upholds NCLAT Decision Setting Aside NCLT Orders Approving Resolution Plans for Earth Infrastructures Limited. Dispute Involves GNIDA's Claim Over Land Leased to Special Purpose Company and Its Subsidiaries, and the Validity of Resolution Plans Under IBC.

The Supreme Court of India heard a batch of civil appeals arising from a judgment of the National Company Law Appellate Tribunal (NCLAT) dated 30.01.2...

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No Limitation for Cooperative Society Dues: Bombay High Court Affirms Recovery from Flat Occupants under Section 154B-29 MCS Act

The Bombay High Court dismissed writ petitions challenging recovery certificates issued by a cooperative housing society for long-pending maintenance ...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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High Court of Karnataka Quashes FIR in Criminal Breach of Trust Case — Dispute Found to be Purely Civil in Nature. Allegations of Dishonest Misappropriation of Sale Consideration Under Sections 403, 406, 420 IPC Do Not Disclose Any Criminal Offence as Transaction Was Consensual and Civil.

The petitioners, who were accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...

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Bombay High Court Dismisses Revenue's Appeal in Deemed Dividend Case Under Section 2(22)(e) of Income Tax Act. ITAT Correctly Held That Loans to Assessee Were Not Covered as Deemed Dividend Since Lender Companies Had No Accumulated Profits.

The appeal was filed by the Principal Commissioner of Income Tax (Revenue) against the order of the Income Tax Appellate Tribunal (ITAT) dated 20th Fe...

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Bombay High Court Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law.

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gif...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established.

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a s...