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Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Contradictions in Prosecution Version. Conviction Under Sections 148, 302/149 and 324/149 Indian Penal Code, 1860 Set Aside as Dying Declaration Was Unreliable and Witness Testimony Contradictory.

12 Jan 2023

The Supreme Court considered an appeal challenging the conviction and life imprisonment sentence imposed on the appellants for murder under Sections 1...

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 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 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 Dismisses Tenant's Appeal in SARFAESI Act Case, Upholding High Court Order Setting Aside District Magistrate's Decision. District Magistrate's Role Under Section 14 is Limited to Assisting Secured Creditor in Taking Possession, Not Adjudicating Tenancy Disputes, and Tenant's Remedy Lies Under Section 17 Before Debt Recovery Tribunal.

26 Sep 2022

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 Dismisses Appeal in CRPF Constable Dismissal Case, Upholding Termination for Concealment of Criminal Case. Termination was justified under Rule 5(1) of Central Civil Services (Temporary Service) Rules, 1965, as appellant suppressed pending criminal case in verification form, despite subsequent acquittal, in a disciplined paramilitary force.

26 Sep 2022

The dispute arose from the termination of a Constable in the Central Reserve Police Force (CRPF) for concealing information about a pending criminal c...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Dismisses Appeal in National Green Tribunal Case on Bio-Medical Waste Treatment Facility - Upholds Ex Post Facto Environmental Clearance Notification Under Environment (Protection) Act, 1986. The court affirmed the validity of Notification S.O. 804(E) dated 14 March 2017, which permits regularization of projects commenced without prior environmental clearance, subject to compliance with norms and assessment by expert committees.

22 Sep 2022

The appeal arose from a final order dated 10 May 2017 by the National Green Tribunal, Southern Zone, Chennai, which dismissed Application No.169 of 20...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Limitation Dispute, Upholding NCLAT's Remand for Admission After Notice. The Court held that limitation for applications under Sections 7 and 9 of the Insolvency and Bankruptcy Code, 2016 runs from the date of default, not the Code's enforcement, and delay can be condoned under Section 5 of the Limitation Act, 1963 upon showing sufficient cause.

19 Sep 2022

The appeal arose from a dispute between M/s Tech Sharp Engineers Pvt. Ltd. (appellant/corporate debtor) and Sanghvi Movers Limited (respondent/operati...

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