Supreme Court

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Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC....

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Karnataka High Court dismissing their petition under ...

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Supreme Court Allows FCI Appeals Against High Court Order on Allocation of Paddy to Lessees of Blacklisted Rice Mills. Unregistered Lease Deeds Cannot Confer Rights to Allocation Unless Liabilities of Defaulting Millers Are Cleared....

The Supreme Court allowed appeals by the Food Corporation of India (FCI) against a Punjab and Haryana High Court order that had directed allocation of paddy to lessees of blacklisted rice mills. The d...

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Supreme Court Allows Appeal of Auction Purchaser Against Income Tax Attachment — Prior Secured Debt Prevails Over Crown Debt. The Court held that a sale by DRT pursuant to a prior mortgage is not void under Rule 16 of Schedule II to the Income Tax Act, 1961, despite a subsequent attachment by the Income Tax Department....

The appellant, M/s. Connectwell Industries Pvt. Ltd., purchased a property in a public auction conducted by the Recovery Officer of the Debt Recovery Tribunal (DRT) on 28.09.2004. The property had bee...

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Supreme Court Allows Revenue Appeal in Central Excise Case: EOU Job Work for DTA Unit Without Export Violates EXIM Policy. The Court held that a 100% EOU cannot undertake job work for a DTA unit and clear finished goods to the DTA without exporting them, and such clearance is not eligible for concessional duty under Notification No.8/97-CE....

The case involves an appeal by the Commissioner of Central Excise, Nagpur against the CESTAT order that allowed the appeals of M/s Universal Ferro & Allied Chemicals Ltd. (UFAC), a 100% Export Oriente...

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Supreme Court Enhances Visitation Rights of Mother in Child Custody Dispute — Emphasizes Welfare of Child as Paramount Consideration. The Court held that visitation rights must be meaningful and in a child-friendly environment, not restricted to formal settings like DLSA office....

The case involves a custody dispute over a minor child, Amyra Dwivedi, between her mother, Pooja Sharma Dwivedi (appellant), and father, Abhinav Dwivedi (respondent). The mother filed a habeas corpus ...

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Supreme Court Allows Appeals for Enhancement of Compensation in Motor Accident Deaths of Housewife and Minor Child. Sets Aside Contributory Negligence Deduction for Passengers in Horse Cart, Awards Future Prospects for Housewife and Minor....

The Supreme Court allowed appeals by the claimants, enhancing compensation for the death of a housewife and her minor daughter in a motor accident. The deceased were passengers in a horse cart hit by ...

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Supreme Court Dismisses Contempt Petitions Against WPL in Super Bazar Revival Case — No Willful Disobedience of Orders Found. Revival Scheme Implemented Under Court Supervision; Payments Made as Directed....

The judgment pertains to contempt petitions filed against M/s Writers and Publishers Pvt. Ltd. (WPL) alleging willful disobedience of court orders in the revival of Super Bazar, a multi-state cooperat...

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Supreme Court Allows Union of India's Appeals in MACP Scheme Financial Upgradation Dispute. Modified Assured Career Progression Scheme Entitles Employees to Next Higher Grade Pay, Not Grade Pay of Next Promotional Post....

The Supreme Court considered a batch of appeals filed by the Union of India against orders of various High Courts and Central Administrative Tribunals that had granted financial upgradation to the nex...

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Supreme Court Upholds Pharmacy Council of India's Exclusive Jurisdiction Over Pharmacy Education, Overriding AICTE. The Pharmacy Act, 1948 is a complete code, and the word 'pharmacy' in Section 2(g) of the AICTE Act must be read down to exclude AICTE's regulatory power....

The Supreme Court adjudicated a batch of cases concerning the regulatory authority over pharmacy education in India. The dispute arose when the Pharmacy Council of India (PCI) challenged the actions o...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management....

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 (FEMA). A show-cause notice dated 19.5.2004 was is...