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NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

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Bombay High Court Division Bench Upholds Maintainability of Letters Patent Appeal in Tenancy Dispute Against Order of Single Judge. The Court Applies Full Bench Test to Determine that Facts Justify Invocation of Article 226, Making Appeal Maintainable Under Clause 15 of Letters Patent.

The appeal arose from a writ petition filed by the appellants (legal representatives of original tenants) challenging the Maharashtra Revenue Tribunal...

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High Court of Judicature at Bombay Hears Writ Petitions Against Charity Commissioner's Sanction for Sale of Public Trust Property — Challenge Raised on Grounds of Lack of Public Auction and Violation of Natural Justice Under Section 36 of Bombay Public Trusts Act, 1950.

The writ petitions challenged the Charity Commissioner's order dated 2/9/2011 granting sanction to the trustees of a public trust to sell trust proper...

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High Court of Karnataka Quashes Tender Corrigendum in Public Works Contract — Arbitrary Modification of Eligibility Criteria Violates Article 14. Corrigendum altering experience requirement from 'similar work' to 'any work' held arbitrary and set aside.

The petitioner, Sri K.B. Kumar, a Grade I contractor, challenged a corrigendum dated 25.09.2024 issued by the Executive Engineer, Minor Irrigation and...

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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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Bombay High Court Dismisses Petition Challenging Reference to Arbitration in Development Dispute. Presence of Non-Signatory CIDCO Does Not Bar Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 When No Claim Is Made Against It.

The petitioner, Shri Narayan Shankar Thakur, filed Special Civil Suit No.252 of 2008 seeking specific performance of a Development Agreement dated 14....

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Supreme Court Allows Appeal in Customs Duty Exemption Case — Crude Degummed Soyabean Oil Not an Agricultural Product Under Notification No. 53/2003-Cus. Nexus Between Imported and Exported Products Established Under DFCE Scheme.

The appellant, Noble Resources and Trading India Private Limited (formerly Andagro Services Pvt. Ltd.), a government-recognized two-star export house,...

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High Court of Bombay at Goa Hears Challenge to Royalty Rules Under MMDR Act. Petitioners Argue Notification and Amended Rule 64D Exceed Section 9(3) Powers.

These writ petitions arose out of challenges by various mining leaseholders in Goa to the notification dated 13 August 2009, the amendment to Rule 64D...

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Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...