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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Venue Change in Arbitration Dispute — Clause 19.3(b) of Agreement Held to Specify Seat, Not Venue, Under Section 20 of Arbitration and Conciliation Act, 1996.

The petitioner, Dhule Municipal Commissioner, challenged an interim order dated 16/06/2024 passed by the sole Arbitrator in Arbitration Proceeding No....

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Bombay High Court Allows Restoration of Pension Based on Last Pay Drawn Without Deduction of Advance Increments Granted 27 Years Prior - Principle of Equity Prevents Withdrawal of Long-Standing Benefits in Absence of Misrepresentation or Fraud

The petitioner, a Junior Hindi Stenographer, served with the Madhya Pradesh Government from 23.04.1977 to 20.11.1985. She then joined the respondent e...

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High Court of Karnataka Upholds Compulsory Retirement of Village Accountant for Misappropriation of Government Funds. Disciplinary Authority's Order Based on Proved Charges Under Rule 3(1) of Karnataka Civil Services (Conduct) Rules, 1966 and Rule 8(vi) of CCA Rules, 1957 Upheld.

The petitioner, Umesh S/o Vittal Biradar, was working as a Village Accountant at Revathgaon, Taluk Indi. On 25.06.2015, the State Government passed an...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...