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Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

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 Upholds Direction to Deposit 25% of Compensation Under Section 148 NI Act in Appeals Against Conviction for Cheque Dishonour. Amendment to Section 148 of the Negotiable Instruments Act, 1881 is procedural and applies to appeals pending after its enforcement, regardless of when the complaint was filed.

21 Aug 2019

The Supreme Court dismissed appeals by convicts under Section 138 of the Negotiable Instruments Act, 1881, challenging the direction to deposit 25% of...

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 Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Hostile Witnesses. Conviction under Section 302 IPC Set Aside as Dying Declaration Did Not Name Assailant and Recovery of Defective Weapon Raised Doubt.

31 Jul 2019

The Supreme Court allowed the appeal of Sudhir Kumar Jain against the judgment of the Rajasthan High Court affirming his conviction under Section 302 ...

Supreme Court

Supreme Court Dismisses Appeal of Convict in Section 326 IPC Case — Concurrent Findings of Guilt Upheld Based on Injured Eyewitness Testimony. The appellant was convicted for causing grievous hurt with a kirpan, and the Supreme Court found no reason to interfere with the concurrent findings of the Trial Court and High Court.

31 Jul 2019

The appellant, Sahib Singh, was convicted under Section 326 of the Indian Penal Code (IPC) for causing grievous hurt to the deceased Harbans Singh dur...

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 Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

Supreme Court

Supreme Court Remits Bail Challenge to High Court for Fresh Consideration — Distinction Between Cancellation of Bail and Challenge to Arbitrary Exercise of Discretion Clarified. The Court held that the High Court erred in treating the appellant's application as one for cancellation of bail under Section 439(2) CrPC instead of a challenge to the arbitrary exercise of discretion in granting bail under Section 439 CrPC, and remitted the matter for fresh consideration.

30 Jul 2019

The appellant, Bharatbhai Bhimabhai Bharwad, filed criminal appeals against orders of the Gujarat High Court that declined to interfere with the trial...

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