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Supreme Court

Supreme Court Allows Government Appeal in Land Acquisition Case Due to Lack of Locus Standi. High Court's declaration of acquisition lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is set aside as subsequent purchasers cannot challenge acquisition proceedings.

13 Jan 2023

The Supreme Court of India heard an appeal by the Government of NCT of Delhi against a judgment and order dated 17.07.2017 passed by the High Court of...

Supreme Court

Supreme Court Considers Validity of Special Road Tax Provisions in Himachal Pradesh Motor Vehicles Taxation Act on Reference to Larger Bench. The Court Examines Whether Levy Under Section 3-A(3) Constitutes a Tax or Penalty and Falls Within State Legislative Competence Under Entries 56 and 57 of List II of the Seventh Schedule.

13 Jan 2023

The dispute arose from a challenge by public transport operators to the constitutional validity of certain provisions of the Himachal Pradesh Motor Ve...

Supreme Court

Supreme Court Partially Allows State Appeal in Death Penalty Commutation Case While Setting Aside High Court's Improper Observations. High Court's Comments Questioning Supreme Court Proceedings and Investigation Were Unwarranted and Against Judicial Discipline Under Principles of Judicial Propriety, While Commutation to Life Imprisonment After Considering Aggravating and Mitigating Factors Under Section 302 IPC Was Upheld.

13 Jan 2023

The State appealed against the High Court's judgment commuting a death sentence to life imprisonment and making certain observations about the investi...

Supreme Court

Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

12 Jan 2023

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Remands Case to Regional Joint Director for Fresh Enquiry into Member Eligibility in Cooperative Society. The Court held that the enquiry violated principles of natural justice by not disclosing the Committee's Report and failing to conduct an individual assessment of members under bye-law 17-A of the Maharashtra Cooperative Societies Act, 1960.

4 Jan 2023

The dispute arose from complaints filed under Section 11 of the Maharashtra Cooperative Societies Act 1960, alleging that approximately 2000 members o...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Upholds High Court's Direction for Tender Process in Government Procurement Under National AYUSH Mission. The court held that paragraph 4(vi)(b) of the Operational Guidelines requires a transparent tendering process among eligible establishments, including IMPCL, Public Sector Undertakings, state government pharmacies, and cooperatives, to ensure competition and quality in the procurement of Ayurvedic medicines.

3 Jan 2023

The dispute arose from a petition filed by Kerala Ayurvedic Co-operative Society Limited before the Lucknow Bench of the High Court of Judicature at A...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

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