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Supreme Court

Supreme Court Upholds BIADA's Right to Recover Unearned Increase Based on Circle Rate in Industrial Land Transfers. Authority Entitled to Fair Share of Appreciation When Allottee Transfers Leasehold Rights for Commercial Gain.

1 Oct 2019

The Supreme Court of India heard four civil appeals arising from orders of the Patna High Court concerning the calculation of unearned increase payabl...

Supreme Court

Supreme Court Upholds Decree of Specific Performance in Land Sale Agreement Case. Concurrent Findings of Fact Establish Genuine Agreement to Sell with Full Consideration and Possession, No Discretion to Refuse Specific Performance Under Section 20(2)(c) of Specific Relief Act, 1963.

26 Sep 2019

The original appellant, Leeladhar, entered into a registered agreement to sell 18 bighas of land to Deshraj for Rs.40,000 on 15.02.1985, receiving Rs....

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

Supreme Court

Supreme Court Upholds Conviction Under Section 138 NI Act Despite Handwriting Expert Opinion — Accused's Failure to Enter Witness Box and Explain Cheque Possession Proves Fatal

19 Sep 2019

The appeal arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by T.N. Channakeshava (respondent) against M. Abbas...

Supreme Court

Supreme Court Dismisses Husband's Appeal Against Maintenance to Divorced Wife — Holds That Divorced Wife Is Entitled to Maintenance Under Section 125 Cr.P.C. Even If Divorce Was Granted on Ground of Desertion. The Court Ruled That Sub-section (4) of Section 125 Cr.P.C. Does Not Apply to Divorced Women and That Delay in Filing Maintenance Petition Is Not a Bar.

19 Sep 2019

The Supreme Court dismissed the appeals filed by Dr. Swapan Kumar Banerjee against the State of West Bengal and another, challenging the maintenance a...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period.

12 Sep 2019

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (app...

Supreme Court

Supreme Court Allows Appeal in Service Termination Case — Delay Condoned Due to Repeated Correspondence and Approved Appointments. The Court restored appeals before the School Tribunal, holding that the appellant must be given an opportunity to challenge termination orders as his appointments were duly approved by the Education Officer.

4 Sep 2019

The appellant, Balkrishna Waman Zambare, was appointed as a laboratory attendant in the respondent school on 06.10.1998, approved by the Education Off...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Case — Limitation Period Runs from Repudiation of Claim, Not from Final Bill Date. Continuous Correspondence and Negotiations Between Parties Extend the Period for Invoking Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

3 Sep 2019

The appellant, M/s Geo Miller & Co. Pvt. Ltd., was awarded three work orders by the respondent, Chairman, Rajasthan Vidyut Utpadan Nigam Ltd., for exe...

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 Allows Appeal in IBC Case Due to Limitation Bar — Recovery Certificate of 2001 Renders Claim Time-Barred Under Article 137 of Limitation Act. The Court held that a debt based on a 2001 Recovery Certificate filed under Section 7 of IBC in 2017 is barred by limitation as the default occurred over three years prior.

2 Sep 2019

The Supreme Court allowed the appeal filed by Vashdeo R Bhojwani against Abhyudaya Co-operative Bank Ltd and another, setting aside the orders of the ...

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