Search Results for "Section 14"

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Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Issues Guidelines in Suo Motu Proceeding to Standardize Criminal Trial Practices. The Court directed uniform rules for documentation and evidence presentation, and modified draft rules to ensure disclosure of exculpatory materials to accused under Sections 207/208 of the Code of Criminal Procedure, 1973.

20 Apr 2021

The Supreme Court of India initiated a suo motu writ proceeding under Article 32 of the Constitution to address widespread inadequacies and deficienci...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

8 Mar 2021

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

Supreme Court

Supreme Court Upholds Transfer of Winding Up Petition to NCLT Despite Admission Order. Discretion Under Section 434(1)(c) Companies Act, 2013 Properly Exercised Where Liquidation Was at Initial Stage and No Irreversible Steps Taken.

14 Dec 2020

The Supreme Court dismissed appeals by Action Ispat and Power Pvt. Ltd. against the Delhi High Court's order transferring a winding up petition to the...

Supreme Court

Supreme Court Upholds University's Autonomy in Affiliation Matters — AICTE Approval Not Binding on State University for Grant of Affiliation. The Court held that the University is entitled to apply its own norms and standards under Section 60 of the APJ Abdul Kalam Technological University Act, 2015, and cannot be compelled to grant affiliation solely on the basis of AICTE approval.

10 Dec 2020

The case involves a dispute between APJ Abdul Kalam Technological University (a State University) and Jai Bharath College of Management and Engineerin...

Supreme Court

Supreme Court Allows Appeal in Commodity Exchange Dispute — Violation of Natural Justice Not Established. FMC's Show Cause Notice and Inquiry Upheld as Procedurally Valid Under Forward Contracts (Regulation) Act, 1952.

27 Nov 2020

The case involves a dispute arising from a complaint of trading irregularities against Neptune Overseas Limited (NOL) and its Managing Director, Kaila...

Supreme Court

Supreme Court Allows Appeal of Foreign Company in Arbitration Dispute — Holds That Foreign Award Cannot Be Challenged Under Section 34 of Arbitration Act. Challenge to Foreign Award Lies Only Under Sections 47-48 for Enforcement, Overruling Bombay High Court's Reliance on Bhatia International.

26 Nov 2020

The appellant, Noy Vallesina Engineering SpA (now Noy Ambiente S.p.a), an Italian company, challenged a judgment of the Bombay High Court which held t...

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