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Supreme Court Allows Official Liquidators' Appeal in Company Winding-Up Rent Claim Dispute. Landlord's Claim for Rent Priority Denied as Proviso to Rule 97 of Company Rules Does Not Grant Precedence Over Other Creditors.

The dispute arose out of the winding up of U. P. Union Bank Ltd. The bank was a tenant in a building owned by the respondent landlord. After the windi...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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High Court of Karnataka Hears Writ Petitions Challenging Government Order Appointing Administrator for Vyasaraja Mutt. Petitioners Allege That the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 Does Not Apply to the Mutt and Seek Quashing of the Administrator's Appointment.

The case involved two writ petitions filed in the High Court of Karnataka challenging the Government orders dated 26.05.2012 appointing an administrat...