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Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Manager in SARFAESI Auction Case Due to Lack of Authorization and Role. Appellant was not authorized officer during relevant period and had no involvement in auction transaction, making criminal allegations baseless and proceedings an abuse of process under Section 482 CrPC.

23 Apr 2025

The Supreme Court heard an appeal by an accused bank manager against the Madras High Court's dismissal of his petition under Section 482 of the Code o...

Supreme Court

Supreme Court Reinstates FIR in Alleged Fraud Case Against Company Directors - High Court's Quashing of FIR Under Section 482 CrPC Set Aside as Dispute Involves Prima Facie Offences Under Sections 420, 406, 120B IPC. The Court Held That Allegations of Cheating, Criminal Breach of Trust, and Conspiracy, Including Dishonoured Cheques and False Promises, Disclosed Cognizable Offences, Making the Dispute Not Purely Civil in Nature.

23 Apr 2025

The dispute originated from business transactions between the appellant, representing a polymer supply company, and the respondents, a cable manufactu...

Supreme Court

Supreme Court Dismisses Appeal in MSME Arbitration Execution Dispute, Upholding High Court's Ruling on Nullity Plea and Jurisdiction. Arbitral Award Remains Executable Despite Insolvency Resolution Plan Approving Claim at Nil, as Facilitation Council's Jurisdiction Not Extinguished Under Section 31 Insolvency and Bankruptcy Code, 2016.

21 Apr 2025

The appeal arose from a dispute under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), where the respondent filed claim petit...

Supreme Court

Supreme Court Acquits Accused in Employees' State Insurance Act Case Due to Insufficient Evidence on Principal Employer Role and Non-Deposit of Contributions. Conviction under Section 85(i)(b) of Employees' State Insurance Act, 1948 Set Aside as Prosecution Failed to Prove Accused Deducted and Failed to Deposit ESI Contributions from Employees' Wages.

17 Apr 2025

The appeal arose from a criminal conviction under the Employees' State Insurance Act, 1948. The appellant, along with the company, was accused of fail...

Supreme Court

Supreme Court Quashes Defamation Complaint Against Home Buyers for Protest Banner Under Indian Penal Code. The Court Held That the Banner Contained Factual Grievances Made in Good Faith for Protection of Interests, Falling Under the Ninth Exception to Section 499 IPC, and Thus Did Not Disclose an Offence Under Section 500 IPC.

17 Apr 2025

The dispute arose between home buyers (appellants) and a developer (respondent) over alleged deficiencies in services, including failure to form a soc...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Sale Dispute Due to Lack of Criminal Intent and Civil Nature of Allegations. The Court held that mere breach of contract does not constitute cheating under Section 415 IPC, and criminal proceedings under Sections 420, 406, 354, 504, and 506 IPC were an abuse of process as the dispute involved non-payment of sale consideration and sale of property at a lower price, which are civil matters.

16 Apr 2025

The Supreme Court addressed a dispute arising from an oral agreement for the sale of a property in Kanpur, Uttar Pradesh, between the appellants (sell...

Supreme Court

Supreme Court Quashes High Court's Anticipatory Bail Orders in Serious Fraud Investigation Office (SFIO) Prosecution Under Companies Act, 2013. The High Court erred in granting anticipatory bail as Section 212(6) of the Companies Act, 2013, bars application of Section 438 of the Code of Criminal Procedure, 1973, and the accused's evasion of warrants in economic offences involving large-scale fraud justified strict approach.

9 Apr 2025

The Supreme Court dealt with a batch of sixteen appeals arising from criminal proceedings initiated by the Serious Fraud Investigation Office (SFIO) a...

Supreme Court

Supreme Court Dismisses Appeals in Insolvency Case Due to Limitation and Mis-statements. NCLAT's Refusal to Condon Delay Upheld as Appellant Failed to Apply for Certified Copies and Made Contradictory Assertions Under Section 61 of Insolvency and Bankruptcy Code, 2016.

4 Apr 2025

The appeals arose from an order dated 18.01.2024 passed by the National Company Law Appellate Tribunal (NCLAT), which dismissed appeals preferred by t...

Supreme Court

Supreme Court Upholds Commercial Wisdom of CoC in DHFL Insolvency, Sets Aside NCLAT’s Interference in Resolution Plan. Recoveries from Avoidance Applications Under Section 66 IBC to Benefit SRA; FD Holders’ Claims Dismissed

1 Apr 2025

Commercial Wisdom of CoC – The Supreme Court reaffirmed the paramount status of the Committee of Creditors’ (CoC) commercial wisdom in approving ...

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