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Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

Supreme Court

Supreme Court Dismisses Appeal in Industrial Dispute, Upholding High Court's Finding of Civil Court's Lack of Jurisdiction. Civil Court Lacks Jurisdiction to Entertain Suits Founded on Provisions of the Industrial Disputes Act, 1947, Rendering Such Decrees a Nullity.

8 Oct 2021

The dispute originated from the termination of a daily wage employee by the Himachal Pradesh State Electricity Board on 1.1.1985. The employee filed C...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control Case Upholding Condonation of Delay. High Court's Order Setting Aside Ex-Parte Eviction Decree and Remanding for Merits Was Found Without Error, as Delay of 175 Days Was Bona Fide Under Section 5 of the Limitation Act, 1963.

7 Oct 2021

The dispute arose from rent control proceedings initiated by the appellant-landlord against the respondent-tenants before the Rent Controller. The evi...

Supreme Court

Supreme Court Allows Revenue in Income Tax Act Limitation Dispute Over Revision Order. The Court Held That the Limitation Period Under Section 263(2) is Based on the Date the Order is 'Made', Not 'Received' by the Assessee, Interpreting the Statutory Language Strictly.

7 Oct 2021

The Supreme Court of India heard a civil appeal filed by the Commissioner of Income Tax, Chennai, against Mohammed Meeran Shahul Hameed, concerning th...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Favoring Forest Department Over Gaon Sabha Leases. Title to 162 Acres in Village Kasmandi Khurd Vests with Forest Department Based on Notifications Under U.P. Zamindari Abolition and Land Reforms Act, 1950 and Indian Forest Act, 1927, Invalidating Subsequent Leases by Gaon Sabha.

5 Oct 2021

The dispute arose from consolidation proceedings concerning land in Village Kasmandi Khurd, where the Forest Department and lessees claimed title. The...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

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