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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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Supreme Court Dismisses Appeal by Erstwhile Directors in First Insolvency Case, Holding IBC Overrides State Moratorium. Corporate Debtor's Belated Defence of Non-Disbursal Under Master Restructuring Agreement Rejected as After-Thought.

The case arose from the first application under the newly enacted Insolvency and Bankruptcy Code, 2016. The appellant, a multi-product company, faced ...

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High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...

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High Court of Bombay at Goa Adjudicates Upon Legality of Hotel Construction in Coastal Regulation Zone III Area Without Mandatory Ministry Approval. Developers Allegedly Built in No Development Zone Without Necessary MEF Clearance Despite CRZ Notification Requiring Prior Approval.

Background: The petitioners, two public interest organizations, filed writ petitions challenging the construction of a hotel in Goa by respondent nos....

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Supreme Court Grants Bail to Appellant in PMLA Case Due to Prolonged Incarceration and No Likelihood of Speedy Trial — Twin Conditions Under Section 45 PMLA Relaxed as Bail is Rule and Jail is Exception.

The Supreme Court allowed the appeal of Prem Prakash against the judgment of the High Court of Jharkhand which had dismissed his bail application in a...

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High Court of Karnataka Quashes FIR Against Accused in UAPA and BNS Case for Lack of Sanction Under Section 13 of UAPA — Failure to Obtain Prior Approval from Central Government Renders Investigation Invalid

The case involves two criminal petitions filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR in Cri...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...