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Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Upholds Specific Performance Decree in Land Sale Dispute — Plaintiff's Readiness and Williness Established Despite Delay in Deposit of Balance Consideration. The court affirmed that the defendant's failure to produce title documents and the plaintiff's deposit of balance consideration within extended time demonstrated the plaintiff's readiness and willingness under the Specific Relief Act, 1963.

9 May 2019

The appellant, Beemaneni Maha Lakshmi, purchased suit property admeasuring 17 acres 39 cents by a registered sale deed dated 6.10.1971. The land was s...

Supreme Court

Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

8 May 2019

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

25 Apr 2019

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

Supreme Court

Supreme Court Allows DDA Appeal in Lease Transfer Case — Demerger of Public Limited Company Attracts 50% Unearned Increase. Transfer of leasehold plot by original lessee to another public limited company pursuant to a scheme of arrangement and demerger under the Companies Act, 1956, constitutes a transfer under Clause 6(a) of the Lease Deed, making the lessee liable to pay 50% unearned increase.

24 Apr 2019

The Supreme Court allowed the appeal filed by the Delhi Development Authority (DDA) against the judgment of the Delhi High Court, which had quashed th...

Supreme Court

Supreme Court Remands FEMA Case to High Court for Fresh Consideration Due to Failure to Examine Material Evidence. High Court's Assumption That No Evidence Was Filed Was Contrary to Record, Requiring Remand Under Section 8 and Section 42 of FEMA, 1999.

22 Apr 2019

The Supreme Court dealt with appeals arising from a High Court judgment that had allowed appeals by the Union of India and dismissed a writ petition b...

Supreme Court

Supreme Court Remands Tax Appeal to ITAT Due to Erroneous Factual Finding by Tribunal. Revenue Expenditure Dispute Under Income Tax Act, 1961 Requires Re-adjudication.

22 Apr 2019

The appeal arose from a dispute concerning the assessment year 1993-94, where the respondent-assessee, Ballarpur Industries Ltd., claimed a deduction ...

Supreme Court

Supreme Court Remands Tax Appeal to ITAT for Fresh Adjudication Due to Erroneous Factual Findings. Revenue Expenditure Dispute Over Rs. 3.25 Crore Payment to Promoter Requires Re-examination by Tribunal.

22 Apr 2019

The Supreme Court heard an appeal by the Pr. Commissioner of Income Tax, Nagpur against the judgment of the Bombay High Court (Nagpur Bench) which had...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Upholds Refund to Flat Purchaser for Inordinate Delay in Possession — Builder's Unfair Contract Terms Not Binding. Builder's failure to apply for occupancy certificate within stipulated time constitutes deficiency of service; one-sided clauses in Apartment Buyer's Agreement are unfair and not binding under Consumer Protection Act, 1986.

2 Apr 2019

The Supreme Court dismissed appeals filed by Pioneer Urban Land & Infrastructure Ltd. against orders of the National Consumer Disputes Redressal Commi...

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