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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 Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

Supreme Court

Supreme Court Dismisses Challenge to Forfeiture of Security Deposit in Tender Matter — Bid Modification During Validity Period Justifies Forfeiture Under Clause 14.5(b). The Court held that the petitioner's request to modify its price bid after submission constituted a variation under the tender clause, justifying forfeiture without proof of loss under Section 74 of the Indian Contract Act.

3 Dec 2021

The case involves a dispute between Pooja Ceratech Private Limited (petitioner) and Oil and Natural Gas Corporation Ltd. (respondent) regarding the fo...

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...

High Court

Supreme Court Allows Operational Creditor's Appeal in Insolvency Claim Delay Matter Applying COVID-19 Limitation Extension. The Court held that the period from 15.03.2020 to 14.03.2021 stands excluded in computing limitation for claim filing under the Insolvency and Bankruptcy Code, 2016, making the appellant's claim filed before 14.01.2021 timely.

29 Nov 2021

The dispute originated from a contractual relationship between GPR Power Solutions Private Limited (appellant) and Rohit Ferro Tech Limited (corporate...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Upholds State Policy in Loan Waiver Scheme for Small and Marginal Farmers Under Article 14 Scrutiny. Classification Based on Landholding Found Rational and Non-Arbitrary, with Judicial Review Limited to Constitutional Compliance, Not Policy Wisdom.

23 Nov 2021

The dispute arose from a loan waiver scheme introduced by the Government of Tamil Nadu through G.O Ms. No. 50 dated 13 May 2016, which provided waiver...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case, Quashing Stay on Termination of Facilities Agreement. The Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, does not apply to a service recipient, and the NCLT's jurisdiction under Section 60(5)(c) does not extend to contractual termination disputes unrelated to insolvency resolution.

23 Nov 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 24 June 2020, which upheld an interim order of the National Comp...

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