Search Results for "Doctrine of Pith and Substance"

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High Court Dismisses Arbitration Petitions Challenging Awards Under Multi-State Co-operative Societies Act -- Upholds Arbitrator's Jurisdiction in Banking Dispute with Co-operative Bank -- No Conflict Found with SARFAESI Act or RDB Act

The High Court dismissed two Commercial Arbitration Petitions challenging arbitral awards passed by an Arbitrator appointed under Section 84 of Multi-...

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High Court Dismisses Compensation Claim in GST Arrest Case -- Petitioner's Allegations of Illegal Detention Rejected -- Proper Procedure Followed Under CGST Act

The petitioner, filed a criminal writ petition seeking compensation of Rs. 10,00,000/- for alleged illegal arrest and detention by GST authorities -- ...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Supreme Court Upholds State Legislation on Gurdwara Management Under Entry 32 of List II. Haryana Sikh Gurdwara (Management) Act, 2014 Found Constitutionally Valid as It Pertains to Management of Religious Institutions Within State Legislative Competence.

The dispute arose from the enactment of the Haryana Sikh Gurdwara (Management) Act, 2014 by the State of Haryana, which created a separate juristic en...

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Supreme Court Upholds State's Power to Fix Higher Sugarcane Price in Conflict Resolution Between Constitution Benches. State Advised Price (SAP) is Valid and Not Repugnant to Central Minimum Price Under Essential Commodities Act, 1955 and Sugarcane (Control) Order, 1966.

The Supreme Court considered a reference from a three-judge bench regarding an alleged conflict between two Constitution Bench decisions: Ch. Tika Ram...