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Supreme Court Allows Canara Bank's Appeal in Disciplinary Reversion Case — Division Bench Exceeded Scope of Judicial Review. Regulation 10 of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 is Directory, Not Mandatory.

The case involves a disciplinary action taken by Appellants against its Senior Manager, Respondents, who was reduced from SMG Scale-IV to MMG Scale-II...

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Supreme Court Allows Appeal in Tender Dispute Over EMD Mode — Fixed Deposit Held Valid for Out-of-State Bidder. Tender Condition Requiring Demand Draft for Out-of-State Bidders Interpreted as Directory, Not Mandatory, Based on Consistent State Practice.

The appellant, RR Constructions and Infrastructure India Pvt. Ltd., an out-of-State bidder, was disqualified by the High Court for submitting a Fixed ...

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Bombay High Court Dismisses Assignee's Challenge to Auction Sale for Non-Compliance with Regulation 37(1) of DRT Regulations, 2015 — Failure to Raise Objection at Appropriate Stage and Lack of Prejudice Renders Challenge Belated and Unsubstantiated.

The petitioner, Invest Assets Securitisations & Reconstruction Private Limited, an assignee holding a pari passu charge with the first respondent Bank...

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Supreme Court Allows Appeals Against De-Freezing of Bank Accounts in Seizure Case Under Section 102(3) CrPC — Delayed Reporting to Magistrate Does Not Vitiate Seizure Order; Requirement is Directory, Not Mandatory.

The Supreme Court considered appeals by the first informant in Crime No.318 of 2022 against an order of the Madras High Court dated 09.08.2023, which ...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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Supreme Court Allows Revenue's Appeal in Transfer Pricing Case — CBDT Instruction Not Mandatory. Assessing Officer's Power to Determine Arm's Length Price Under Section 92C(3) Upheld Despite Non-Reference to TPO.

The case involves an appeal by the Principal Commissioner of Income Tax-4, Mumbai against the judgment of the Bombay High Court which dismissed the Re...

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Supreme Court Dismisses Appeal in Mining Lease Renewal Case Due to Time-Barred Application Under Rule 28 of Mines Concession Rules, 1960. Rule 28 held mandatory and intra vires; application received less than six months before lease expiry could not be entertained.

The appeal arose from a mining lease held by the appellant company, which was due to expire on March 22, 1962. Rule 28(1) of the Mines Concession Rule...