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Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings.

20 Jul 2020

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the p...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

6 Mar 2020

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

Supreme Court

Supreme Court Sets Aside High Court Order Waiving Predeposit for Appeal Under SARFAESI Act. Mandatory Deposit Under Section 18 Cannot Be Waived Even by High Court Under Article 226.

2 Mar 2020

The Supreme Court considered appeals against the Bombay High Court's order dated 25.11.2019 and 16.12.2019, which had relegated the appellant (Union B...

Supreme Court

Supreme Court Allows Appeal by Power Distribution Company in Electricity Dues Recovery Case — Auction Purchaser Liable for Previous Owner's Outstanding Electricity Dues Under Specific Auction Clauses. The Court held that where an auction notice explicitly mentions electricity dues and absolves the secured creditor of liability, the auction-purchaser must clear those dues before seeking a new connection.

14 Feb 2020

The respondent, M/s. Srigdhaa Beverages, was the successful auction-purchaser of a mineral water bottling plant owned by M/s. SB Beverages Private Lim...

Supreme Court

Supreme Court Dismisses Appeal Against Cancellation of Auction for Income Tax Acquired Property — Auction Process Found Bona Fide and in Public Interest. The Court held that the cancellation of the appellant's bid was not arbitrary as it was in public interest to fetch the highest price, and the subsequent auction process was valid.

20 Sep 2019

The appeal arose from a property admeasuring 1053.5 square meters in Mumbai, acquired by the Union of India in 1994 under Section 269UD(1) of the Inco...

Supreme Court

Supreme Court Allows Refund of Rs.40 Crores Deposited by Borrower in SARFAESI Act Proceedings — Deposit Made to Show Bona Fides, Not as Payment of Dues. The Court held that a deposit made pursuant to an interim order to demonstrate bona fides cannot be appropriated by the Bank when the interim order is set aside and the OTS is rejected.

20 Aug 2019

The case arises from a dispute between M/s Kut Energy Pvt. Ltd. and others (appellants/borrowers) and Punjab National Bank and others (respondents) co...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

Supreme Court

Supreme Court Allows Appeal by Bihar State Housing Board in Plot Allotment Price Dispute — Contract Concluded After Acceptance of Revised Price. The Court held that once the respondent accepted the revised price and entered into a concluded contract, it could not challenge the price in writ proceedings.

9 Aug 2019

The Supreme Court allowed the appeal filed by the Bihar State Housing Board against the judgment of the Patna High Court. The dispute arose from an ad...

Supreme Court

Supreme Court Restores Fee Regulatory Committee's Determination in Telangana Professional College Fee Dispute. Court Sets Aside High Court's Re-determination of Fees for B.E./B.Tech Courses for Block Period 2016-2019, Upholding Expert Committee's Uniform Fee of Rs.97,000 per Student.

1 Jul 2019

The Supreme Court considered appeals arising from a dispute over the fixation of fee structure for B.E. and B.Tech courses in private unaided professi...

Supreme Court

Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana. Rule 24(i-eeee) of Haryana Liquor License Rules, 1970 Held Ultra Vires Punjab Excise Act, 1914 as State Government Cannot Delegate Power to Determine Number of Licenses for Entire State.

12 Feb 2019

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970 (as amended ...

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