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Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Dismisses Convicts' Appeals on Premature Release Under Goa Prisons Rules, 2006 Due to Parole Period Exclusion. Period of Parole Counted as Remission Under Rule 335 and Excluded from Actual Imprisonment for Calculating 14-Year Requirement for Premature Release.

5 Jan 2023

The dispute arose from convicts undergoing life imprisonment who applied for premature release under the Goa Prisons Rules, 2006, claiming they had co...

Supreme Court

Supreme Court Allows Appellant in Sabka Vishwas Scheme Case Due to Moratorium Under IBC. Payment Delay Caused by Legal Disability Under Section 14 IBC, Designated Committee Directed to Accept Payment and Issue Discharge Certificate Under Finance Act, 2019 Scheme.

5 Jan 2023

The dispute arose from the appellant company's inability to pay a settlement amount of Rs.1,24,28,500/- under the Sabka Vishwas (Legacy Dispute Resolu...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Remands Case to Regional Joint Director for Fresh Enquiry into Member Eligibility in Cooperative Society. The Court held that the enquiry violated principles of natural justice by not disclosing the Committee's Report and failing to conduct an individual assessment of members under bye-law 17-A of the Maharashtra Cooperative Societies Act, 1960.

4 Jan 2023

The dispute arose from complaints filed under Section 11 of the Maharashtra Cooperative Societies Act 1960, alleging that approximately 2000 members o...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act and SEBI Regulations Jurisdiction Dispute. The court held that rectificatory jurisdiction under Section 59 of the Companies Act, 2013 is summary and not for contested facts, and SEBI has exclusive jurisdiction over violations of its regulations, not the National Company Law Tribunal.

4 Jan 2023

The Supreme Court of India heard an appeal concerning the rectificatory jurisdiction of the National Company Law Tribunal under Section 59 of the Comp...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Dismisses Civil Appeal in Property Title Dispute, Upholding High Court's Reversal of Trial Court Decree. The plaintiff failed to discharge the burden of proof to establish ownership of Schedule 'A' property under the Code of Civil Procedure, 1908, based on insufficient evidence including deeds and lack of lease documentation.

4 Jan 2023

The dispute originated from a title suit filed in 1986 by Smriti Debbarma on behalf of Maharani Chandratara Devi, seeking declaration of ownership ove...

Supreme Court

Supreme Court Upholds High Court's Direction for Tender Process in Government Procurement Under National AYUSH Mission. The court held that paragraph 4(vi)(b) of the Operational Guidelines requires a transparent tendering process among eligible establishments, including IMPCL, Public Sector Undertakings, state government pharmacies, and cooperatives, to ensure competition and quality in the procurement of Ayurvedic medicines.

3 Jan 2023

The dispute arose from a petition filed by Kerala Ayurvedic Co-operative Society Limited before the Lucknow Bench of the High Court of Judicature at A...

Supreme Court

Supreme Court Quashes High Court Direction in Public Interest Litigation on Cinema Hall Food Prohibition. The High Court's order directing cinema hall owners not to prohibit carrying outside food was challenged as exceeding jurisdiction under Article 226, with the Supreme Court considering the right to choice of food under Article 21 and the Jammu and Kashmir Cinemas (Regulation) Rules 1975.

3 Jan 2023

The Supreme Court of India considered appeals against a judgment dated 18 July 2018 by a Division Bench of the High Court of Jammu and Kashmir. The ba...

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