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Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Allows Landlord's Appeal in Rent Dispute Over Unregistered Rent Note — Holds Monthly Tenancy Not Requiring Registration Under Section 17(1)(d) of Registration Act, 1908. The Court Remits Matter to Appellate Court to Determine Whether Tenant Defaulted in Payment of Rent and House Tax Under East Punjab Urban Rent Restriction Act, 1949.

17 Jun 2020

The appeal arose from a landlord-tenant dispute concerning a shop in Punjab. The appellant-landlord, Siri Chand (since deceased, represented by legal ...

Supreme Court

Supreme Court Allows Appeal of Employee Retired Prematurely Based on Deemed Age — Resolution Cannot Override Service Rules. The Court held that the Board's resolution deeming age as 18 on appointment date could not reduce the actual retirement age under Rule 73 of the Bihar Service Code.

28 May 2020

The appellant, Gopal Prasad, was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20 May 1970 at about 15½ years of ...

Supreme Court

Supreme Court Allows Compassionate Appointment Claim Despite Employee's Pending Retirement Application. The Court held that approval of retirement after death cannot retrospectively cease service, and the case falls under the policy for death while in service.

19 May 2020

The Supreme Court considered an appeal against the rejection of a compassionate appointment claim. The appellant's father, an employee of the State of...

Supreme Court

Supreme Court Dismisses Contempt Petitions Against Food Corporation of India for Non-Compliance of Regularisation Orders — No Willful Disobedience Found as Corporation Took Steps Towards Compliance

19 May 2020

The Supreme Court dismissed a batch of contempt petitions filed by workmen unions against the Food Corporation of India (FCI) for alleged non-complian...

Supreme Court

Supreme Court Allows Appeal in FCI Lease Dispute — Agreement to Lease Not a Lease Under Section 105 of Transfer of Property Act, 1882. The Court held that the agreement dated 16.12.1976 was an agreement to enter into a lease, not a lease itself, as it did not create a present and immediate interest in the land.

13 May 2020

The present appeal arises from a judgment of the High Court of Madhya Pradesh which allowed the appeal of the Food Corporation of India (FCI) and dism...

Supreme Court

Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

6 May 2020

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

Supreme Court

Supreme Court Dismisses Electricity Board's Appeals in Illegal Disconnection Case — Board Cannot Claim Charges for Period of Its Own Wrongful Act. Initial Disconnection Without Considering Consumer's Instalment Request Violates Section 56 of Electricity Act, 2003.

27 Apr 2020

The appeals arose from a dispute between the Bihar State Electricity Board (appellant) and M/s Iceberg Industries Ltd. (respondent/company) concerning...

Supreme Court

Supreme Court Allows Appeal by Power Distribution Company in Electricity Dues Recovery Case — Auction Purchaser Liable for Previous Owner's Outstanding Electricity Dues Under Specific Auction Clauses. The Court held that where an auction notice explicitly mentions electricity dues and absolves the secured creditor of liability, the auction-purchaser must clear those dues before seeking a new connection.

14 Feb 2020

The respondent, M/s. Srigdhaa Beverages, was the successful auction-purchaser of a mineral water bottling plant owned by M/s. SB Beverages Private Lim...

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