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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 Clarifies Scope of “Deep and Pervasive Control” in Grant-in-Aid Disputes. Supreme Court Holds ICSSR Not Liable for Salaries of CRRID Employees; Grants Discretionary, Not a Matter of Right

Nature of the Litigation: The case involved a dispute between the Indian Council of Social Science Research (ICSSR) and Centre for Research in Rura...

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Supreme Court Clarifies Rules on Advocate Appearances and Vakalatnama Compliance in Court Proceedings. Supreme Court Bars Unauthorized Advocate Appearances, Reinforces Accountability in Legal Practice

The Supreme Court, in its judgment dated 20.09.2024, had directed that only authorized advocates could mark their appearances in court, and the Advoca...

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Eviction Suit on Grounds of Bonafide Requirement under Maharashtra Rent Control Act, 1999. Landlord’s Right to Evict Tenant for Bonafide Requirement Upheld – Unregistered Rent Agreement Not a Bar to Eviction

Bonafide Requirement – The landlord (Plaintiff) sought eviction of the tenant (Defendant) on the grounds of bonafide requirement under Section 16(1...

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Bombay High Court quashed rejection of technical bid by respondent due to an unreasonable and arbitrary interpretation of tender conditions, directing re-evaluation of the financial bid. Arbitrary Interpretation of Tender Conditions

Constitution of India, 1950 – Article 14–Judicial Review in Tender Matters – Constitutional Courts should interfere only if tender decisions are...

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

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High Court Quashes Income Tax Assessment Order for Violation of Natural Justice and Mandatory Procedures under Section 144B of the Income Tax Act, 1961. Court Emphasizes Adherence to Faceless Assessment Procedures and Audi Alteram Partem Principle in Tax Reassessment Cases

Reassessment Beyond 4 Years: Reassessment under Section 147 of the IT Act cannot be initiated beyond the 4-year period unless there is evidence of fai...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...