Search Results for "Section 53"

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Supreme Court Sets Aside Appointment Orders in Steel Plant Recruitment Case Due ...
Supreme Court Dismisses Appeals of Para-Teachers Seeking Regularisation in Jhark...
Supreme Court Allows Appellant in Karnataka SC/ST Land Transfer Case Due to Lach...
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Search Results for "Section 53"

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Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Allows Appeal of Dissenting Financial Creditor in Insolvency Case on Interpretation of Amended Section 30(2)(b)(ii) - Court Holds Amendments Apply to Pending Proceedings and Entitle Creditor to Liquidation Value of Security Interest Under Insolvency and Bankruptcy Code, 2016.

3 Jan 2024

The dispute arose from appeals concerning the interpretation of amended Section 30(2)(b)(ii) of the Insolvency and Bankruptcy Code, 2016. The appellan...

Supreme Court

Supreme Court Upholds Conviction but Modifies Sentence in Triple Murder Case. Sessions Court Lacked Jurisdiction to Impose Life Imprisonment Without Remission Under Section 302 IPC, as Only Constitutional Courts Can Impose Such Sentences When Commuting Death Penalty.

13 Apr 2023

The case involved an appeal against conviction and sentence for a triple murder. On 15th March 2006, the appellant, along with co-accused, allegedly f...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

Supreme Court

Supreme Court Clarifies Sentencing Powers of Constitutional Courts in Modified Life Sentences - Constitutional Courts Can Impose Fixed-Term Sentences Without Death Penalty Commutation. Power to impose modified punishment including fixed-term incarceration or life imprisonment without remission is derived from Indian Penal Code, 1860, and can be exercised by High Courts and Supreme Court based on offence gravity and relevant factors, not limited to death penalty commutation cases.

28 Mar 2023

The Supreme Court addressed an appeal concerning the sentence for an offence under Section 302 of the Indian Penal Code, 1860, where the appellant had...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Allows Appeal in Land Tenure Dispute, Reversing High Court on Urbanization Effect. The Court held that the Delhi Land Reforms Act, 1954, continues to govern land rights even after a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, urbanizes the area, as the Land Reforms Act is a special law and its provisions are not automatically extinguished.

14 Mar 2023

The appeal arose from a judgment of the Division Bench of the High Court of Delhi dated November 22, 2012, which held that upon issuance of a notifica...

Supreme Court

Supreme Court Allows Development Authority in Land Acquisition and Urban Scheme Case Due to Valid Delegation and Implementation. Delegation of Power to Collector Under Section 5-A of Land Acquisition Act, 1894, Was Implicit and Valid, and Scheme Did Not Lapse Under Section 54 of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as Substantial Steps Were Taken Within Three Years.

3 Mar 2023

The Supreme Court heard appeals by the Indore Development Authority (IDA) against a common judgment of the Madhya Pradesh High Court that had quashed ...

Supreme Court

Supreme Court Dismisses State's Appeal in Minority School Grant Dispute Over Principal's Superannuation. The court held that the Grant-in-Aid Code provisions on superannuation apply to minority institutions, and refusal to pay grant for employees continued beyond retirement age does not violate Article 30(1) of the Constitution of India.

21 Feb 2023

The appeal arose from a dispute between the State of Gujarat and a Jain minority institution running a government-aided school. The institution sought...

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