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Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

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Bombay High Court Quashes Revisional Order Allowing Liquor Licence in Village Where Women's Gramsabha Resolution Banned Liquor — Held That Gramsabha Resolution Under Section 138 of Bombay Prohibition Act, 1949 Must Be Given Due Weight and Cannot Be Ignored by Revisional Authority.

The petitioners, residents of Village Chas (kaman), Taluka Khed, Dist. Pune, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Upholds Disqualification of MLA for Anti-Party Voting Under Tenth Schedule. Speaker's Order Disqualifying Petitioner for Voluntarily Giving Up Party Membership and Voting Contrary to Whip Upheld as Valid.

The petitioner, Shri Matanhy Saldanha, was a Member of the Goa Legislative Assembly from Cortalim, belonging to the United Goan Democratic Party (UGDP...

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Bombay High Court Dismisses Petitions Challenging Bar Council Elections and Advocate General's Ex-Officio Membership. Court upholds Advocate General's membership in Bar Council under Section 55 of Advocates Act, 1961 and dismisses allegations of electoral irregularities.

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the composition and election of the Bar Council of Maharash...

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Supreme Court Hears Consolidated Writ Petitions Challenging the Process of Designation of Senior Advocates Under Section 16 of the Advocates Act, 1961. The Issue Concerns Whether the Existing System of Designation is Arbitrary and Violative of Articles 14, 15, and 21 of the Constitution.

Background: The case concerned a writ petition filed by a Senior Advocate challenging the prevailing system of designation of Senior Advocates in the ...