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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.

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

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Supreme Court Grants Bail to Editor-in-Chief in Abetment to Suicide Case — High Court Erred in Declining Bail Without Prima Facie Evaluation of FIR. Non-Payment of Dues Alone Does Not Constitute Abetment to Suicide Under Section 306 IPC.

The appellant, Arnab Manoranjan Goswami, Editor-in-Chief of Republic TV, was arrested on 4 November 2020 in connection with FIR No. 59 of 2018 registe...

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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.

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

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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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.

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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Supreme Court Dismisses Petition to Quash FIR in Volkswagen Cheat Device Case — Investigation Not Impeded by Pending Civil Appeals Before NGT. Delay and Disputed Facts Cannot Be Grounds for Quashing FIR Under Section 482 CrPC.

The petitioner, Skoda Auto Volkswagen India Private Limited, a company engaged in the manufacture and sale of passenger vehicles, was aggrieved by the...

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Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

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Supreme Court Upholds SAT Order Setting Aside SEBI Ex-Parte Interim Order in Insider Trading Case Due to Lack of Urgency. Tribunal's observation on SEBI's power to order pre-adjudication disgorgement held not to be a precedent.

The Supreme Court disposed of two statutory appeals filed by the Securities and Exchange Board of India (SEBI) under Section 15Z of the SEBI Act, 1992...

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Supreme Court Dismisses Appeal in Permanent Injunction Suit — Concurrent Findings of Three Courts Upheld. Defendant's Claim of Boundary Dispute and Bar of Civil Court Jurisdiction Rejected as No Substantial Question of Law Arises.

The present appeal arises from a suit for permanent injunction filed by the plaintiffs (respondent Nos. 1 and 2) on 31 July 1971, claiming ownership a...