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Supreme Court

Supreme Court Quashes Criminal Proceedings in Corporate Dispute Due to Abuse of Process and Lack of Territorial Jurisdiction. The court held that the dispute was essentially civil, involving financial transactions and agreements between corporates, and the criminal case was initiated with malicious intent, violating principles of fairness under Section 482 of the Code of Criminal Procedure, 1973.

11 Jan 2024

The Supreme Court addressed appeals challenging the dismissal of petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

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 Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

3 Jan 2024

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

Supreme Court

Supreme Court Dismisses Appeals by Development Authority in Land Allotment Case, Upholding High Court's Directions for Sale Deed Execution and Refund. The Court found no error in the High Court's judgment under Section 100 of the Code of Civil Procedure, 1908, based on allotment letters, possession handover, and lease-cum-sale agreements creating enforceable rights.

28 Apr 2023

The Supreme Court disposed of a bunch of appeals challenging a common judgment of the High Court that decided five Regular Second Appeals. The appeals...

Supreme Court

Supreme Court Dismisses Appeal in Sick Industrial Companies Act Case Due to Non-Compliance with Statutory Auction Requirements. Auction Held Invalid as Reserve Price Not Notified in Auction Notice Under Section 21(c) of Sick Industrial Companies (Special Provisions) Act, 1985, and Procedural Fairness Lacking.

27 Apr 2023

The appeal concerned the validity of an auction conducted by Industrial Development Bank of India (IDBI) as the Operating Agency for the sale of asset...

Supreme Court

Supreme Court Dismisses Petitions in PMLA Case, Upholding High Court's Order with Costs. High Court's dismissal of writ petitions seeking quashing of ECIR and prosecution complaint under Prevention of Money Laundering Act, 2002, was justified as petitions lacked merit and were not maintainable.

21 Apr 2023

The dispute arose from petitions filed by Anoop Bartaria, Director of World Trade Park Ltd., and the company itself, challenging a common judgment and...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Case, Restoring Interim Order for Sale of Mortgaged Property. The Court held that the interim order directing steps for sale without final orders was warranted to protect the secured creditor's rights under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as the respondent had defaulted on credit facilities.

18 Apr 2023

The appeal arose from a dispute between Punjab & Sind Bank (appellant) and M/s Frontline Corporation Ltd. (respondent) concerning the sale of mortgage...

Supreme Court

Supreme Court Allows Union of India's Application for Transfer of Funds from Sahara-SEBI Refund Account to Benefit Depositors of Cooperative Societies. Court Directs Transfer of Rs. 5,000 Crores to Central Registrar of Cooperative Societies for Disbursement to Genuine Depositors Under Judicial Supervision, Finding the Prayer Reasonable and in Larger Public Interest.

29 Mar 2023

The Supreme Court considered an application filed by the Union of India, Ministry of Corporation, seeking directions to transfer Rs. 5,000 Crores from...

Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Membership Expulsion Case Due to Persistent Default in Payment of Dues. The Court Upheld Concurrent Findings of Fact Under the Delhi Cooperative Societies Act, 1972, Emphasizing That Procedural Arguments Are Subservient to Substantive Justice When Default Is Established.

29 Mar 2023

The dispute arose from the expulsion of a member from Nav Jagriti Cooperative Group Housing Society Limited due to non-payment of dues for constructio...

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