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Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

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Supreme Court Dismisses Appeals of Bank Employees Convicted for Fictitious Account Fraud. Handwriting Evidence and Conspiracy Proven Despite Flawed Investigation.

The Supreme Court dismissed the appeals of Ram Gopal and Pankaj Kumar Jain, who were convicted for their involvement in a fictitious bank account frau...

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High Court of Karnataka Dismisses Appeal in Income Tax Case — Unexplained Cash Deposit of Rs.5,07,900/- Treated as Income Under Section 69A of Income Tax Act, 1961. Assessee Failed to Discharge Onus to Prove Source of Cash Deposited in Bank Account During Demonetization Period.

The appellant, G. Shubha Devi, filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal ...

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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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Karnataka High Court Hears Employer's Writ Petition Against Labour Court Order Allowing Workman's Claim for Full Wages under Section 33(C)(2) of Industrial Disputes Act, 1947. Maintainability of an Individual Workman's Application after Settlement by Other Workmen Examined.

The petitioner, Mulberry Silks Ltd, a company engaged in silk fabric manufacturing, filed a writ petition under Articles 226 and 227 of the Constituti...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court, Nagpur Bench, Considers Election Petition Alleging Improper Rejection of Nomination Under Section 9A of Representation of the People Act, 1951. Petitioner Claims Retirement from Partnership Firm Removed Disqualification Before Scrutiny Date.

The petitioner, a former partner in M/s. Musale Construction, intended to contest the 2014 Maharashtra Legislative Assembly election from 49-Saoner co...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...