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Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor. Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application. Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.

Insolvency and Bankruptcy Code, 2016 — Section 9 — Application for corporate insolvency resolution process — Existence of a pre-existing dispute — Adjudicating authority must reject the application if notice of dispute has been received by the operational creditor or there is a record of dispute — The dispute must bring to the notice of the operational creditor the “existence” of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending — The authority needs to see if there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence — It is important to separate the grain from the chaff and to reject a spurious defence which is mere bluster — However, in doing so, the Court does not need to be satisfied that the defence is likely to succeed — The Court does not at this stage examine the merits of the dispute except to the extent indicated above — So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating authority has to reject the application.

(IPC) – S 302/34 – Murder – Common intention- HELD the evidence available on record was not looked into as the witnesses had already been exposed to the accused in the police station – After all, the test identification parade is only a part of an investigation, and therefore, nothing more can be attached to it – Acquittal

SUPREME COURT OF INDIA DIVISON BENCH SHISHPAL @ SHISHU — Appellant Vs. THE STATE (NCT OF DELHI) — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. )…

Last seen theory – When the last seen theory is found to be not true, there has to be much more concrete and clinching evidence to implicate the accused. HELD when a large number of persons were available near the dead body, it is incomprehensible as to how all of them refused to sign the documents prepared by the police – Order of conviction is set aside.

SUPREME COURT OF INDIA DIVISON BENCH RAVI SHARMA — Appellant Vs. STATE (GOVERNMENT OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : Abhay S. Oka and M.M. Sundresh,…

Accused has failed to explain the aforesaid incriminating material/circumstances found against him namely the purchase of pesticides by him, prior to the occurrence and that the very bottle of pesticide which was purchased by him was found from the place of occurrence – Conviction and sentence id upheld.

SUPREME COURT OF INDIA DIVISON BENCH HAJABHAI RAJASHIBHAI ODEDARA — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal…

Consumer Protection Act, 1986 Section 27 A -HELD we are inclined to set aside the orders passed and dismiss the complaint. As there is no vicarious liability that can be fastened on the appellant and the appellant’s role cannot be stretched to the policy decision of the Republic of Philippines, the appeal stands allowed.

SUPREME COURT OF INDIA DIVISON BENCH HCMI EDUCATION — Appellant NARENDRA PAL SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ. ) Civil Appeal No. 2481…

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