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Supreme Court Dismisses Appeal in Insolvency Case Over Creditor Status and Resolution Plan Approval. Statutory Authority's Claim as Financial or Secured Creditor Rejected Due to Lack of Diligent Action During Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from the Corporate Insolvency Resolution Process (CIRP) of M/s. JNC Construction (P) Ltd, the Corporate Debtor. The appellant, a sta...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Directs Refund of Court Fees in Motor Accident Claims Settled Through Lok Adalat or Mediation Under Section 89 CPC. Fees paid under Rule 278(i) of Motor Vehicles Rules, 1991 are refundable under Section 16 of Court Fees Act, 1870 read with Section 21 of Legal Services Act, 1987.

The Bombay High Court at Goa took suo motu cognizance of a submission by the Registrar (Judicial) & Member Secretary of the Goa State Legal Services A...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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Bombay High Court Allows Arbitration Petition to Appoint Sole Arbitrator in Mining Lease Dispute. Court holds that existence of arbitration clause in the agreement is sufficient to refer parties to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The first petition was filed by ...

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High Court of Karnataka Quashes Disqualification of Municipal Members for Non-Submission of Caste Certificate — Violation of Natural Justice. State Election Commission's Order Set Aside for Lack of Opportunity to Produce Certificate Under Section 16(1) of Karnataka Municipalities Act, 1964.

The petitioners, elected members of Anekal Municipality, were disqualified by the Karnataka State Election Commission vide order dated 15.11.2021 for ...

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Bombay High Court Allows Army Major's Resignation in Writ Petition Under Article 226 — Rejection Set Aside as Arbitrary. Right to Resign Must Be Considered Reasonably with Disclosure of Valid Reasons.

The petitioners, Major Yogesh Chandra Madhav Sayanakar and Ms. Shruti Kulkarni, filed a writ petition under Article 226 of the Constitution of India b...