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Search Results for "civil appeal"

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Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

Supreme Court

Supreme Court Allows Appeal of Taxpayer Against Non-Processing of Income Tax Returns and Refund Claims. Mandamus Issued to Process Returns Under Section 143(1) Within Four Weeks, Subject to Section 143(1D) and Section 241A of the Income Tax Act, 1961.

1 Jan 2020

The appellant, Vodafone Idea Ltd. (formerly Vodafone Mobile Services Ltd), is a telecommunications company that filed income tax returns for Assessmen...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Upholds Civil Court's Jurisdiction in Suit for Cancellation of Sale Deed on Ground of Fraud. Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 Does Not Bar Suit When Recorded Tenure Holder's Title Is Not Under Cloud.

31 Jul 2019

The appeals arose from a suit filed by M/s Nupur Housing Development Pvt. Ltd. (plaintiff) against Narendra Kumar Mittal and others (defendants) for c...

Supreme Court

Supreme Court Upholds Pro-rata Pension for Voluntary Retiree Under Bank's Voluntary Retirement Scheme. Employee with 11 years of service and over 40 years of age held eligible for pension under Regulation 14 of Central Bank of India (Employees') Pension Regulations, 1995.

31 Jul 2019

The case involves an appeal by the Central Bank of India against a judgment of the Rajasthan High Court which allowed the writ petition of the respond...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

31 Jul 2019

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

High Court

Supreme Court Partly Allows Appeal of Daily-Wage Employee in Unfair Labour Practice Case, Enhances Compensation. Reinstatement Denied Due to Long Gap and Illegal Entry, but Compensation Increased from Rs.50,000 to Rs.1,50,000 Under Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 and Industrial Disputes Act, 1947.

31 Jul 2019

The appellant, Dharamraj Nivrutti Kasture, was appointed as a daily-wage peon in Zilla Parishad on 23.03.1983 for two months, and his services were di...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

29 Jul 2019

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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