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Supreme Court

Supreme Court Allows Appeal in Part and Remands Case to High Court for Fresh Disposal of Appeal Without Considering Application for Additional Evidence. The High Court's dismissal of the first appeal without deciding the application under Order 41 Rule 27 CPC was held to be improper, and the matter was remitted for fresh consideration.

6 Dec 2021

The appellant, Satish Chand Surana, was the plaintiff in Civil Suit No.30A/2017 before the First Additional District Judge, Balode, seeking specific p...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Quashes ITAT Order Recalling Its Earlier Order Under Section 254(2) of Income Tax Act — Powers Limited to Rectification of Mistake Apparent from Record. The ITAT cannot re-hear the entire appeal on merits under the guise of rectification; the remedy against an erroneous order lies in appeal before the High Court.

3 Dec 2021

The case involves appeals by the Revenue against a common judgment of the Bombay High Court, which dismissed writ petitions challenging an order of th...

Supreme Court

Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

3 Dec 2021

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

Supreme Court

Supreme Court Allows Appeals in Money Suit Recovery Case — High Court Order for Refund of Anticipatory Bail Amount Set Aside. Full and Final Settlement Not Proved by Oral Evidence Alone When Banking Transactions Admitted.

3 Dec 2021

The appellant, Anita Rani, filed two money suits against the respondents for recovery of amounts allegedly lent or misappropriated. The first suit sou...

Supreme Court

Supreme Court Allows Union of India's Appeal in BSF Disciplinary Case — Commandant's Power to Order Additional Record of Evidence Upheld. The Court held that the Commandant had jurisdiction to direct preparation of additional RoE under Rule 51 of BSF Rules, 1969, and that reasons for conviction need not be recorded by SSFC or appellate authority under Section 117(2) of BSF Act, 1968.

3 Dec 2021

The Union of India and officials of the Border Security Force appealed against a judgment of the Calcutta High Court which quashed disciplinary procee...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Allows Appeal in MVAT Pre-Deposit Dispute — Protest Payment Can Be Adjusted Against Mandatory Pre-Deposit for Appeal. The Court held that under Section 26(6A) of the Maharashtra Value Added Tax Act, 2002, amounts paid under protest before assessment can be adjusted against the 10% pre-deposit required for appeal, as the provision requires 10% of disputed tax, not arrears.

3 Dec 2021

The Supreme Court allowed an appeal by VVF (India) Limited against the State of Maharashtra and others, setting aside the Bombay High Court's judgment...

Supreme Court

Supreme Court Allows Fresh Resolution Process for Corporate Debtor Despite Default by Successful Resolution Applicant. Time Spent in Litigation Excluded to Uphold Maximisation of Asset Value Under Insolvency and Bankruptcy Code, 2016.

1 Dec 2021

The appeal arose from the corporate insolvency resolution process of Amtek Auto Limited, initiated under Section 7 of the Insolvency and Bankruptcy Co...

Supreme Court

Supreme Court Upholds Divorce Decree on Irretrievable Breakdown of Marriage While Directing Maintenance for Minor Son. Husband's Remarriage and Long Separation Justify Invocation of Article 142 to Sustain Dissolution Despite Concurrent Findings of Cruelty and Desertion.

1 Dec 2021

The Supreme Court heard an appeal by the wife against the High Court's dismissal of her appeal challenging the Family Court's decree of divorce on gro...

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