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Supreme Court

Supreme Court Reiterates: Statutory Remedies Must Be Exhausted in SARFAESI Disputes. When alternative statutory remedies exist, courts should not entertain writ petitions under Article 226.

10 Apr 2024

The Supreme Court dealt with the legality of a High Court's interference in an auction sale under the SARFAESI Act, despite the availability of an alt...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

Supreme Court

Supreme Court Allows Appeal in Public Trust Election Dispute, Upholding Change Report Under Bombay Public Trusts Act, 1950. Working President Had Authority to Convene Election Meeting and Defaulting Members Were Not Entitled to Notice Under Section 15 of Societies Registration Act, 1860.

23 Jan 2024

The appeal arose from a dispute over a change report filed under the Bombay Public Trusts Act, 1950, regarding elections in Shikshan Prasarak Mandal, ...

Supreme Court

Supreme Court Dismisses Appeals in Electricity Procurement Dispute, Upholding High Court's Direction for Power Purchase from Successful Bidders. The Court affirmed that the Request for Proposal process under Section 63 of the Electricity Act, 2003, is binding, and the reduction of procurement quantum from 1000 MW to 500 MW was invalid, requiring adherence to original bid outcomes.

8 Jan 2024

The dispute originated from Rajasthan's initiative to procure 1000 MW of electricity through a competitive bidding process under Section 63 of the Ele...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Dismisses Petitions in Securities Market Investigation Case, Upholding SEBI's Regulatory Authority. The Court rejected pleas for transfer of investigation to SIT and revocation of SEBI regulatory amendments, finding no apparent regulatory failure and emphasizing limited judicial review over SEBI's domain under the Securities and Exchange Board of India Act, 1992.

3 Jan 2024

The Supreme Court of India adjudicated a batch of writ petitions filed under Article 32 of the Constitution in February 2023, concerning allegations o...

Supreme Court

Supreme Court Upholds Mandatory E-filing in Debt Recovery Tribunals with Safeguards for Digital Divide. The amendment to the Electronic Filing Rules under the Recovery of Debts and Bankruptcy Act, 1993 was held valid due to gradual implementation and stakeholder training, but the court directed measures like e-sewa kendras and grievance redressal to address access issues.

29 Mar 2023

The proceedings under Article 32 of the Constitution were instituted to challenge the amendment to Rule 3 of the Debt Recovery Tribunals (DRTs) and De...

Supreme Court

Supreme Court Dismisses Appeal of Convicts in Murder Case Under Section 302 IPC. High Court's affirmation of life imprisonment upheld based on eyewitness testimony and discovery of weapons, despite challenges to evidence reliability.

29 Mar 2023

The appeal arose from a murder conviction where two appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, a...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Clarifies High Court's Writ Jurisdiction Over Armed Forces Tribunal Orders in Service Matters. The court held that orders of the Armed Forces Tribunal are amenable to challenge under Article 226 of the Constitution, as judicial review is part of the basic structure and Section 14 of the Armed Forces Tribunal Act, 2007 saves such jurisdiction, ensuring litigants have access to justice where alternative appeals are limited.

21 Mar 2023

The judgment addressed a legal conundrum regarding the amenability of Armed Forces Tribunal orders to challenge under Article 226 of the Constitution ...

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