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Supreme Court

Supreme Court Upholds Registrar's Refusal to Register Curative Petitions in Interest on Delayed Payments Act Case. Curative Petitions Cannot Be Entertained When Review Petitions Are Dismissed in Open Court, Not by Circulation, Under Supreme Court Rules, 2013.

26 Feb 2024

The dispute originated from the maintainability of a suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings ...

Supreme Court

Supreme Court Sets Aside High Court Judgment in Teacher Appointment Case Due to Arbitrary Denial of Marks but Denies Appointment as School Closed. The Court Held That Discretionary Clauses in Recruitment Cannot Justify Arbitrary Action and That Adding Specialization Requirements to Prescribed Qualifications is Illegal, but Remedy Was Unavailable Due to Subsequent Closure of the Institution.

20 Feb 2024

The appeal arose from a dispute over the appointment of a primary school teacher at Pt. Deendayal Upadhyaya Institute for the Physically Handicapped. ...

Supreme Court

Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

8 Feb 2024

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

Supreme Court

Supreme Court Quashes High Court Orders in Separation of Powers and Contempt Case Due to Judicial Overreach and Abuse of Process. High Court Lacked Power to Direct Notification of Rules Under Article 229 of Constitution and Improperly Initiated Criminal Contempt for Legal Challenges, Violating Principles of Separation of Powers and Legal Remedies.

3 Jan 2024

The appeals arose from two orders of the Division Bench of the High Court of Judicature at Allahabad dated 4 April 2023 and 19 April 2023. The factual...

Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

Supreme Court

Supreme Court Reverses High Court Order Permitting Evidence in Arbitration Challenge. The Court held that the 2019 amendment to Section 34(2)(a) of the Arbitration & Conciliation Act, 1996 is clarificatory and limits evidence to the arbitral record, disallowing additional evidence in Section 34 proceedings except in exceptional circumstances.

19 Jan 2023

The dispute arose from an arbitral award dated 12.03.1998, which was challenged by the respondents through an application under Section 34 of the Arbi...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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 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 Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

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