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Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

Supreme Court

Supreme Court Allows State's Appeal in Urban Land Ceiling Repeal Case Based on Possession Taken Over. Vesting Under Section 11(3) of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 Saved as Land Owner Voluntarily Surrendered Possession, Satisfying Section 3 of Repeal Act, 1999.

20 Sep 2021

The Supreme Court of India heard civil appeals filed by the State of Tamil Nadu and officials from the Department of Urban Land Ceiling, challenging o...

Supreme Court

Supreme Court Allows Appeals Against NCLAT Remand in IBC Resolution Plan Dispute — Commercial Wisdom of Committee of Creditors Non-Justiciable. The court restored NCLT's approval of resolution plan under Section 31 of IBC, holding that viability and feasibility are business decisions not subject to judicial review.

4 Sep 2020

The case involves appeals by the financial creditor, Karad Urban Cooperative Bank Ltd., and the Resolution Professional against an order of the Nation...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Acquisition Case, Upholds High Court Decision Based on Binding Precedent. Section 4 Notification Declared Null and Void for Non-Compliance with Mandatory Publication Requirements Under Land Acquisition Act, 1894.

4 Feb 2020

The Supreme Court dismissed the appeal filed by the Union of India against the judgment of the Bombay High Court, which had quashed the acquisition of...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

Supreme Court

Supreme Court Upholds Vacation of Injunction in Specific Performance Dispute Over Land Sale Agreement. Disputed Questions of Possession and Payment of Consideration Require Trial, Not Interim Relief.

6 Dec 2019

The Supreme Court dismissed appeals challenging the High Court's interim order vacating a temporary injunction that had restrained landowners from int...

Supreme Court

Supreme Court Allows Company's Appeal in Section 630 Companies Act Case — Former Director Must Vacate Property. Company's Right to Recover Property from Erstwhile Officer Upheld Despite Lack of Registered Title.

4 Oct 2019

The Supreme Court allowed the appeal filed by Hooghly Mills Company Ltd. against the judgment of the Calcutta High Court, which had quashed the orders...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

Supreme Court

Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

8 Aug 2019

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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