In the prosecution under section 138 of Negotiable Instruments Act, 1881 the mens rea i.e. fraudulent or dishonest intention at the time of issuance of cheque is not required to be proved – Swapnil Sohane Vs. Sunil Arora – Madhya Pradesh High Court

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Adjudicating Authority while passing the Order under Section 33(5) granting approval was not to consider the maintainability and legality of the Application to be filed or filed by the Liquidator under Section 34 of the Arbitration and Conciliation Act, 1966 – Bharat Heavy Electricals Ltd. Vs. Mr. Ravi Shankar Devarakonda Liquidator of M/s. Coastal Projects Ltd. – NCLAT New Delhi

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Whether the appointment of the Corporate Debtor as the developer of the property could be terminated during the pendency of the CIRP – Rajendra M. Ganatra, RP for Sunshine Housing and Infrastructure Pvt. Ltd. Vs. Slum Rehabilitation Authority – NCLT Mumbai Bench

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It is not for the Adjudicating Authority to ascertain, investigate, or fix the exact amount of liability at the admission stage, after the admission of the petition, it is the duty of the Resolution Professional to collate the claims and ascertain the liability – Mr Joseph Jayananda Vs. Navalmar (UK) Ltd – NCLAT New Delhi

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