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Supreme Court Dismisses Appeals Against Insolvency Initiation Under Insolvency and Bankruptcy Code, 2016 -- NCLAT Order Upheld in Favor of Allottees as Financial Creditors -- Corporate Debtors Failed to Deliver Possession and Complete Formalities

The Supreme Court dismissed civil appeals filed by erstwhile directors of corporate debtors against the NCLAT judgment which upheld the NCLT order ini...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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High Court of Bombay at Aurangabad Hears Confirmation of Death Sentence and Criminal Appeals in Murder of Medical Officer. The court decides to first adjudicate the appeals against conviction before considering confirmation under Section 366 of the Code of Criminal Procedure, 1973.

The case arises from the disappearance and murder of Dr. Vijaya Chaudhari, a Medical Officer at Civil Hospital, Jalgaon, on 12 March 2012. Her husband...

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High Court of Judicature at Bombay Adjudicates Letter of Credit Dispute in Common Judgment for Two Suits Arising from Alleged Discrepant Documents. Bank's Liability for Wrongful Debit Examined Under UCP 290 with Emphasis on Strict Compliance and Discrepancy in Shipping Documents.

Two suits were filed arising from a documentary import Letter of Credit facility granted by State Bank of India to Dadlani Silk Stores. Suit No. 1012 ...