Search Results for "remand"

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Supreme Court

Supreme Court Remands Case to Regional Joint Director for Fresh Enquiry into Member Eligibility in Cooperative Society. The Court held that the enquiry violated principles of natural justice by not disclosing the Committee's Report and failing to conduct an individual assessment of members under bye-law 17-A of the Maharashtra Cooperative Societies Act, 1960.

4 Jan 2023

The dispute arose from complaints filed under Section 11 of the Maharashtra Cooperative Societies Act 1960, alleging that approximately 2000 members o...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act and SEBI Regulations Jurisdiction Dispute. The court held that rectificatory jurisdiction under Section 59 of the Companies Act, 2013 is summary and not for contested facts, and SEBI has exclusive jurisdiction over violations of its regulations, not the National Company Law Tribunal.

4 Jan 2023

The Supreme Court of India heard an appeal concerning the rectificatory jurisdiction of the National Company Law Tribunal under Section 59 of the Comp...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

Supreme Court

Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

3 Jan 2023

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

Supreme Court

Supreme Court Quashes Bail Order in Murder Case Due to Non-Application of Mind by High Court. Bail granted without considering seriousness of crime, role of accused, and other relevant factors under Code of Criminal Procedure, 1973, violating principles of reasoned judicial orders.

30 Sep 2022

The dispute arose from a criminal appeal challenging the High Court's bail order in a murder case. The appellant, who lost two sons in the incident, f...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act Case Due to Lack of Locus Standi and Defunct Company Status. Appellant Failed to Establish Directorship or Aggrieved Person Status Under Section 560(5) of Companies Act, 1956, with Company Deemed Defunct Under Section 3 After Striking Off in 2006.

29 Sep 2022

The appeal arose from a dispute over the striking off of Basanti Cotton Mills (1998) Private Limited's name from the register of the Registrar of Comp...

Supreme Court

Supreme Court Allows Wife's Appeal in Maintenance Case Under Section 125 CrPC, Reversing Lower Courts' Orders. The Court held that maintenance under Section 125 CrPC is a social justice measure, and the wife's entitlement is not negated by living separately if justified by the husband's conduct such as questioning chastity, remanding the matter for fresh consideration.

28 Sep 2022

The dispute involved a maintenance petition filed by the wife and son against the husband under Section 125 of the Code of Criminal Procedure, 1973. T...

Supreme Court

Supreme Court Quashes Extension Orders and Grants Default Bail to Accused in Gujarat Control of Terrorism and Organised Crime Act Case Due to Procedural Violation. The Court held that production of accused before the Special Court when considering Public Prosecutor's report for extension of investigation period under Section 20(2) of the 2015 Act is mandatory, and non-compliance renders extension orders illegal, entitling accused to default bail under Section 167(2) of Code of Criminal Procedure, 1973.

23 Sep 2022

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions filed by accused persons charged under the Gujarat Control of T...

Supreme Court

Supreme Court Upholds High Court's Decision on Impleadment in Admiralty Suit - Commercial Appellate Division's Order Setting Aside Addition of Gulf Petroleum FZC as Defendant Maintained. Maritime Claim for Mis-delivery of Cargo Under Section 4(1)(f) of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 Alleged by Bank as Bill of Lading Holder.

23 Sep 2022

The dispute arose from an Admiralty Suit filed by Banque Cantonale de Geneve (Respondent Bank) against the owners of the vessel M.V. Polaris Galaxy (A...

Supreme Court

Supreme Court Dismisses Assessees' Appeals in Customs Duty Cases Involving Forged DEPB Scrips. Court upheld duty liability as forged scrips are void ab initio under the Customs Act, 1962, justifying extended limitation period due to fraud, with penalty proceedings remanded for adjudication.

23 Sep 2022

The Supreme Court of India heard two civil appeals concerning customs duty evasion cases where appellants had imported goods using forged DEPB (Duty E...

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