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National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

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Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

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Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice...

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Bombay High Court Quashed the Order of Joint Charity Commissioner Allowing the Sale of Trust Properties – Remanded Back for Fresh Adjudication. Ensuring Transparency and Protection of Trust’s Interests – Court Mandates Re-Evaluation of Trust Property Sale

The Court held that the Charity Commissioner must rigorously evaluate the necessity and benefits of alienating trust property, ensure fair market valu...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Illegal Detention and Remand under CrPC, UAPA, and NIA Act. Habeas Corpus Petition Dismissed – Detention Found Legal Under CrPC, UAPA, and NIA Act – No Consent Required for Arrest of Public Officer in Criminal Conspiracy

Section 45 of the CrPC: The protection under Section 45 of the CrPC applies only when the public officer is acting in his official capacity. In this c...

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Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents j...

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Preventive Detention Orders Quashed for Non-Compliance with Constitutional and Statutory Safeguards.

Constitution of India, 1950 (COI) – Article 21 – Protection of Life and Personal Liberty – Violation of Fundamental Rights due to De...