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Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Dismisses Appeal by Resolution Applicant in Insolvency Case Due to Lack of Merit and Upholds Level Playing Field Principle. NCLT's Order Permitting Modifications to Both Resolution Applicants Was Reasonable and Sound Under Insolvency and Bankruptcy Code, 2016, Ensuring Fair Competition in Corporate Insolvency Resolution Process.

25 Feb 2022

The dispute arose from a corporate insolvency resolution process concerning B.B. Foods Pvt. Ltd., where two resolution applicants, including a consort...

Supreme Court

Supreme Court Allows Accused's Appeal in UAPA Case, Directing Provision of Redacted Statements of Protected Witnesses. The Court Held That Fair Trial Principles Under Section 207 Cr.P.C. Require Disclosure of Relevant Evidence, and Witness Protection Under Section 44 UAPA Only Permits Redaction of Identity Details, Not Withholding Entire Statements.

25 Feb 2022

The appeal arose from a dispute under the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving the accused's right to access statements of pro...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

Supreme Court

Supreme Court Dismisses Financier's Appeal in U.P. Motor Vehicles Taxation Act Case, Upholding Tax Liability for Financier-in-Possession. Financier Qualifies as 'Owner' Under Section 2(h) and Must Pay Tax in Advance Under Section 4, with Refund Available Under Section 12 for Non-Use, Irrespective of Actual Use or Registration Status.

22 Feb 2022

The appeal arose from a judgment of the Full Bench of the High Court of Judicature at Allahabad, Bench Lucknow, which dismissed a writ petition filed ...

Supreme Court

Supreme Court Quashes Bihar Government Notification Granting Scheduled Tribe Status to Lohar Community as Unconstitutional - State Lacks Authority Under Article 342 of Constitution to Specify Scheduled Tribes, Causing Violation of Fundamental Rights Under Articles 14 and 21.

21 Feb 2022

The dispute involved a writ petition under Article 32 of the Constitution filed by four petitioners challenging a notification issued by the Governmen...

Supreme Court

Supreme Court Dismisses Appeal in Service Tax Classification Case Due to Failure to Prove Job Work Exemption. Services Provided Were Held as Manpower Supply Under Finance Act, 1994, Not Exempt as Job Work Under Notification No.25/2012-Service Tax, Based on Agreement Terms and Lack of Registration Amendment.

18 Feb 2022

The dispute involved an appeal against a judgment of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) regarding service tax classificatio...

Supreme Court

Supreme Court Upholds Auction Purchaser's Rights in Temple Land Sale, Quashing High Court's Re-auction Order After 20 Years. The Court Held That a Non-Participant Lacks Locus Standi to Challenge a Confirmed Auction Sale, and Delay Bars Such Challenges Under Principles of Finality and Natural Justice Under Section 93 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

18 Feb 2022

The dispute originated from a public auction of temple land conducted by the Endowments Department in 1998. The appellant emerged as the highest bidde...

Supreme Court

Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

17 Feb 2022

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

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