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Supreme Court

Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

3 Nov 2020

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

Supreme Court

Supreme Court Allows Financial Creditor's Appeal for Transfer of Winding Up Proceedings to NCLT. The Court held that the proviso to Section 434(1)(c) of the Companies Act, 2013 permits any party to apply for transfer, and the High Court's rejection based on compliance with Rule 24 and existence of a winding up order was erroneous.

22 Sep 2020

The appeal arose from an order of the Company Court (High Court of Allahabad) refusing to transfer a winding up petition to the National Company Law T...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Partially Allows State Appeal Against NGT Order on PUC Certificates — Holds That NGT Cannot Direct Fuel Bans or Impose Monetary Deposits for Compliance. The Court ruled that the NGT exceeded its jurisdiction under the National Green Tribunal Act, 2010, by directing fuel supply denial and imposing a Rs. 25 crore deposit, as such powers are not conferred by the Act.

28 Aug 2020

The State of Madhya Pradesh appealed against an order of the National Green Tribunal (NGT) Central Zonal Bench, Bhopal, dated 21 April 2015, which dir...

Supreme Court

Supreme Court Allows Appeal for Counting Casual Labour Service as Qualifying Service for Pension in Kerala Fisheries Department Case. The Court held that pension is a social welfare measure and that the appellant's casual labour service should be counted for pension under Government Orders and Pension Rules.

26 Aug 2020

The appellant, V. Sukumaran, worked as a Casual Labour Roll (CLR) worker in the Fisheries Department of Kerala from 7 July 1976 to 29 November 1983, r...

Supreme Court

Supreme Court Upholds CESTAT's Remand Order in Central Excise Valuation Dispute — Evasion of Duty Based on Undervaluation of Plywood/Block Boards. The Court Held That the Adjudicating Authority Must Provide a Reasoned Order After Proper Cross-Examination and Consideration of Evidence, and That the Tribunal's Remand for De Novo Adjudication Was Justified.

19 Aug 2020

The case involves appeals by the Commissioner of Central Excise against orders of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that...

Supreme Court

Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

6 May 2020

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

Supreme Court

Supreme Court Allows Appeal in Part, Sets Aside Rajya Sabha Election Due to Improper Reception of Vote by Disqualified MLA. Disqualification under Section 8(3) of Representation of People Act, 1951 takes effect from date of conviction, not from start of day, but vote cast before conviction is valid; however, improper reception of vote at counting renders election void.

17 Jan 2020

The case involves an appeal against the dismissal of an election petition challenging the election of Dhiraj Prasad Sahu to the Rajya Sabha from Jhark...

Supreme Court

Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

1 Jan 2020

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

Supreme Court

Supreme Court Allows Appeals of Revenue Authorities in Stamp Duty Undervaluation Cases — Revisional Powers Under Section 47A of Indian Stamp Act, 1899 Upheld. The Court held that the limitation period for suo motu revision by the Chief Controlling Revenue Authority is five years from the date of the order, not from the date of registration.

1 Jan 2020

The Supreme Court of India heard a batch of civil appeals arising from orders of the Madras High Court concerning the interpretation of Section 47A of...

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