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Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Bar of Limitation — Claim Under Section 7 IBC Held Time-Barred as Debt Arose Before 2006 and Application Filed in 2018. The court held that the Limitation Act applies to IBC proceedings and the application was filed beyond three years from the date of default.

2 Sep 2019

The Supreme Court allowed the appeal filed by M/s Radha Exports (India) Pvt. Limited against the judgment of the National Company Law Appellate Tribun...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

31 Jul 2019

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

30 Jul 2019

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

Supreme Court

Supreme Court Acquits Accused in Murder Case Based on Weak Circumstantial Evidence — Last Seen Theory Found Unreliable and Uncorroborated. Conviction Set Aside as Chain of Circumstances Incomplete, Benefit of Doubt Given to Accused.

30 Jul 2019

The Supreme Court allowed the appeal of Sunita, who was convicted for the murder of Sushila. The case was based entirely on circumstantial evidence, p...

Supreme Court

Supreme Court Upholds Conviction for Abetment of Suicide in Case of Continuous Taunting and Harassment of Unmarried Girl. Accused's Conviction Under Section 306 IPC Read with Section 34 IPC Sustained as Their Conduct Constituted Abetment by Instigation and Intentional Insult.

25 Jul 2019

The case pertains to an appeal by special leave against the judgment of the Punjab and Haryana High Court, which upheld the conviction of the appellan...

Supreme Court

Supreme Court Acquits Accused in Dowry Death Case Due to Unreliable Witnesses and Contradictions. Presumption Under Section 113B of Evidence Act Not Triggered as Prosecution Failed to Prove 'Soon Before' Cruelty.

23 Jul 2019

The case pertains to the death of Ishwari Devi, who died by burning herself on 05.06.1991, within 1.5 years of her marriage. The appellants, her husba...

Supreme Court

Supreme Court Sets Aside Civil Imprisonment for Contempt of Injunction in Trademark Passing Off Suit — Mere Disobedience Not Enough, Willful Disobedience Must Be Proved. The Court held that under Order XXXIX Rule 2A CPC, contempt requires willful disobedience, and the appellant's explanation for non-removal of a hoarding was acceptable, thus no willful disobedience was established.

22 Jul 2019

The appeal arose from a suit for permanent injunction filed by Mambally's Bakery against U.C. Surendranath, alleging passing off by using the trademar...

Supreme Court

Supreme Court Dismisses Appeal of Convict in Kidnapping and Murder Case Based on Circumstantial Evidence. The court upheld life imprisonment under Section 364A IPC for kidnapping for ransom, relying on last seen evidence and recovery of victim's belongings despite non-recovery of dead body.

22 Jul 2019

The appellant, Sanjay Rajak, was convicted under Section 364A IPC for kidnapping a 5-6 year old child for ransom and sentenced to life imprisonment. T...

Supreme Court

Supreme Court Upholds Preventive Detention Orders Under COFEPOSA for Gold Smuggling — High Court's Quashing Set Aside for Non-Application of Mind Regarding Bail Likelihood. The Court held that the detaining authority must record satisfaction of imminent bail possibility, but service of documents within statutory period is valid.

18 Jul 2019

The Supreme Court of India heard appeals against the Bombay High Court's judgment dated 25.06.2019 quashing preventive detention orders passed under S...

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