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Supreme Court

Supreme Court Dismisses Appeal in Electricity Regulatory Dispute Over Change in Law Claim. The Court upheld the Appellate Tribunal for Electricity's ruling that a communication from Coal India Limited permitting Inter Plant Transfer did not constitute a 'Change in Law' event under the Power Purchase Agreements, as it was an operational matter not altering the legal framework.

20 Apr 2023

The appeal arose from a dispute between electricity utilities and a power generator regarding compensation claims under Power Purchase Agreements. The...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

10 Apr 2023

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

Supreme Court

Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

3 Mar 2023

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

Supreme Court

Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

2 Mar 2023

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Upholds High Court Order Directing Confirmation of Auction Sale Under Punjab Package Deal Properties (Disposal) Act, 1976. High Court's Intervention Justified as Financial Commissioner's Order Based on Conjectures Without Material Evidence Under Rule 8 of the Rules 1976.

2 Mar 2022

The appeal arose from a judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh dated 13 August 2008, which set aside an ...

Supreme Court

Supreme Court Upholds Auction Purchaser's Rights in Temple Land Sale, Quashing High Court's Re-auction Order After 20 Years. The Court Held That a Non-Participant Lacks Locus Standi to Challenge a Confirmed Auction Sale, and Delay Bars Such Challenges Under Principles of Finality and Natural Justice Under Section 93 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.

18 Feb 2022

The dispute originated from a public auction of temple land conducted by the Endowments Department in 1998. The appellant emerged as the highest bidde...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

6 Sep 2021

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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