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Supreme Court

Supreme Court Allows Defendant in Commercial Suit to File Written Statement Despite Expiry of 120-Day Limit Due to COVID-19 Disruptions. Time Limit Under Proviso to Order VIII Rule 1 of Code of Civil Procedure, 1908 as Substituted by Commercial Courts Act, 2015 Extended Considering Orders in Suo Motu Writ Petition (Civil) No. 3 of 2020 and Administrative Curtailment of Court Functioning.

14 Feb 2022

The dispute arose from a commercial suit filed by the plaintiff-respondent against the defendant-appellant for recovery of Rs. 3,73,24,821/- with inte...

Supreme Court

Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

14 Feb 2022

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Dismisses Appeal by Distribution Companies in Electricity Regulatory Dispute - Upholds APTEL's Direction for Merits-Based Disposal of Tariff Determination and Power Purchase Agreement Approval Petitions. Appellate Tribunal for Electricity Correctly Ordered State Commission to Decide Petitions on Merits After State Commission Allowed Withdrawal of One Petition and Dismissed the Other, Ensuring Statutory Functions Under Electricity Act, 2003 Are Fulfilled.

2 Feb 2022

The appeal arose from a dispute between Distribution Companies (DISCOMS) and Hinduja National Power Corporation Limited (HNPCL) regarding power purcha...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Inconsistent Eyewitness Testimony and Medical Evidence Discrepancies. Conviction under Sections 148 and 302/149 of the Indian Penal Code, 1860, set aside as prosecution failed to prove case beyond reasonable doubt based on contradictions in evidence and lack of corroboration.

1 Feb 2022

The appeals arose from a judgment of the Division Bench of the High Court of Judicature at Allahabad dated 11 January 2019, which confirmed the convic...

Supreme Court

Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

1 Feb 2022

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

Supreme Court

Supreme Court Quashes High Court's Revisional Order Convicting Accused in IPC Offences Due to Jurisdictional Error. High Court Cannot Convert Acquittal into Conviction Under Section 401 Cr.P.C.; Matter Remanded for Treatment as Appeal Under Section 372 Cr.P.C. After Victim's Right to Appeal Was Invoked.

25 Jan 2022

The Supreme Court addressed appeals by accused persons against a High Court judgment that reversed their acquittal and convicted them while exercising...

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