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Supreme Court

Supreme Court Allows Concurrent Sentences for NDPS Convictions in Two Separate Cases — Sentences to Run Concurrently Under Section 427 CrPC. The court directed that the sentences imposed in two separate trials for distinct offences under the NDPS Act shall run concurrently, considering the appellant's long incarceration and good conduct.

7 Dec 2021

The appellant, Mohd Zahid, a Pakistani national, was convicted in two separate cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case, Directs Consideration of Condonation of Delay Application on Merits. The Court held that the Constitution Bench judgment in New India Assurance Company Limited vs. Hilli Multipurpose Cold Storage Pvt. Ltd. operates prospectively, so applications for condonation of delay filed prior to it must be considered on merits under Section 13(2)(a) read with Section 18 of the Consumer Protection Act, 1986.

6 Dec 2021

The appeal arose from a decision of the National Consumer Dispute Redressal Commission (NCDRC) dated 19th November 2020, which dismissed an interim ap...

Supreme Court

Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

6 Dec 2021

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

6 Dec 2021

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

Supreme Court

Supreme Court Upholds Ex-Post Facto Approval of Charge Memorandum in Disciplinary Proceedings. The Court held that a charge memorandum issued without prior approval of the disciplinary authority can be validated by subsequent ex-post facto approval under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

6 Dec 2021

The appellant, Sunny Abraham, was an Assistant Commissioner of Income Tax against whom disciplinary proceedings were initiated on 19th September 2002 ...

Supreme Court

Supreme Court Allows Appeal in Part and Remands Case to High Court for Fresh Disposal of Appeal Without Considering Application for Additional Evidence. The High Court's dismissal of the first appeal without deciding the application under Order 41 Rule 27 CPC was held to be improper, and the matter was remitted for fresh consideration.

6 Dec 2021

The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific p...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Transfer Petition in Matrimonial Dispute and Consolidates Maintenance Proceedings for Joint Hearing. Family Court in Kolkata Directed to Hear Both Cases Together with Expedited Priority and Mediation Consideration Under Section 125 of Code of Criminal Procedure, 1973.

3 Dec 2021

The Supreme Court heard a transfer petition in a matrimonial dispute between spouses. The petitioner wife sought transfer of a matrimonial case pendin...

Supreme Court

Supreme Court Quashes ITAT Order Recalling Its Earlier Order Under Section 254(2) of Income Tax Act — Powers Limited to Rectification of Mistake Apparent from Record. The ITAT cannot re-hear the entire appeal on merits under the guise of rectification; the remedy against an erroneous order lies in appeal before the High Court.

3 Dec 2021

The case involves appeals by the Revenue against a common judgment of the Bombay High Court, which dismissed writ petitions challenging an order of th...

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