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Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Supreme Court Dismisses Appeal in Bank Account Suit — Plaint Rejected as Barred by Limitation Under Article 113 of Limitation Act, 1963. Exchange of Correspondence Cannot Extend Limitation Once Right to Sue Accrues.

The appellant, Shakti Bhog Food Industries Ltd., filed a civil suit in 2005 against the Central Bank of India and another respondent seeking a decree ...

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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 Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Liberal Interpretation of Delay Condonation Under Section 173 of Motor Vehicles Act, 1988. High Court Erred in Dismissing Delay Condonation Application for 45 Days Without Considering Beneficial Nature of Legislation.

The appeal arose from a motor accident claim where the deceased, aged 26, died in a collision with a negligently parked truck on 15.04.2011. The appel...