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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Supreme Court Dismisses Appeal Challenging Foreigner Declaration Based on Insufficient Evidence. Inclusion in Draft NRC Does Not Override Quasi-Judicial Declaration Under Foreigners Act, 1946.

The appeal arose from proceedings under the Foreigners Act, 1946, where the Foreigners Tribunal, Jorhat, Assam, declared the appellant, Rofiqul Hoque,...

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Supreme Court Quashes Gangster Act Proceedings for Lack of Violence Allegations and Non-Application of Mind. Definition of 'Gang' Under Section 2(b) of Uttar Pradesh Gangsters Act Requires Violence or Threat; Procedural Rules Mandate Independent Application of Mind by Authorities.

The Supreme Court allowed the appeals filed by Vinod Bihari Lal against the State of Uttar Pradesh and another, quashing the proceedings under the Utt...

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Grant of Bail in a UAPA Case: Supreme Court Balances Fundamental Rights with Statutory Restrictions. A measured verdict emphasizing due process, evidentiary thresholds, and the right to speedy justice under Article 21.

The Supreme Court of India granted bail to the appellant, Athar Parwez, booked under stringent sections of the IPC and UAPA, 1967, citing procedural d...

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Dispute on Compensation for Land and Improvements Settled by the Supreme Court. The Supreme Court upholds the High Court’s ruling, denying additional compensation for awala trees and borewell, citing inadmissible evidence and improper use of review jurisdiction.

Acts and Sections Discussed: Land Acquisition Act, 1894: Section 4: Initiation of land acquisition. Section 18: Reference for enhanced compensa...

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Supreme Court Restores Trial Court's Acquittal after Witnesses' Non-appearance and Rejects Mandatory Pre-Cross Examination Decision under Section 319 CrPC. SC upholds Trial Court's discretion in rejecting Section 319 CrPC application, setting aside the Calcutta High Court order.

The Supreme Court held that there is no mandatory requirement to decide an application under Section 319 CrPC before cross-examining prosecution witne...

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"Detention Order Quashed Due to Lack of Subjective Satisfaction and Procedural Lapses." "Failure to apply mind by detaining authority and delayed service of confirmation order leads to quashing of detention under MPDA Act."

  Introduction & Hearing (Para 1-3):The petitioner challenged the detention order dated 14.03.2024 passed by the District Magistrate under t...

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Supreme Court Quashes Detention Order Under COFEPOSA, Upholds Detenu's Constitutional Rights. The Supreme Court emphasized the importance of personal liberty, setting aside the detention of Jaseela Shaji's husband due to procedural lapses under COFEPOSA.

The Supreme Court of India quashed the detention order of the appellant's husband under the Conservation of Foreign Exchange and Prevention of Smuggli...

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High Court Quashes 12-Year-Old Proceedings Due to Procedural Irregularities. Bombay High Court (Goa Bench) sets aside Sub-Divisional Magistrate’s order in a land dispute case, citing lack of adherence to Section 145 of the Criminal Procedure Code.

The Bombay High Court, Goa Bench, quashed an order passed by the Additional Sessions Judge, which had remanded a 2012 land dispute case back to the Su...