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Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Upholds Conviction Under Section 21(c) NDPS Act but Reduces Sentence to 16 Years. Court Holds That Section 32B Does Not Limit Sentencing Discretion to Enumerated Factors; Other Relevant Factors Like Quantity May Be Considered.

7 May 2019

The appeal arose from a conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Rafiq Qu...

Supreme Court

Supreme Court Allows Appeal in Hindu Religious Endowments Case — Commissioner Not a Court, Section 5 Limitation Act Not Applicable. Delay Condonation by Commissioner Under Section 69 of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 Set Aside as Commissioner Lacks Power to Apply Section 5 of Limitation Act.

3 May 2019

The appeal arose from a dispute concerning the right to receive first respect as an Ambalam in a village in Tamil Nadu. The appellant, Ganesan, throug...

Supreme Court

Supreme Court Dismisses Appeal Against Default Bail in UAP Act Case — Extension of Remand Lacked Specific Reasons Under Section 43D(2)(b). High Court's Grant of Statutory Bail Upheld as Special Court's Satisfaction Was Not Based on Valid Grounds for Further Detention.

3 May 2019

The case arose from a murder and subsequent violence in Coimbatore in September 2016. The National Investigation Agency (NIA) took over investigation ...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Illegal Transport of Poppy Straw Despite Licence. Breach of Licence Conditions Attracts Section 15(c) for Commercial Quantity, Not Section 26.

1 May 2019

The appellant, Gangaram, was the driver of a truck carrying 10 bags of poppy straw weighing 415 kg. He was intercepted by Head Constable Shivshankar o...

Supreme Court

Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

30 Apr 2019

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

Supreme Court

Supreme Court Allows Trade Union to File as Operational Creditor Under IBC — Workers' Dues Constitute Operational Debt. Trade Union, Being a Body Corporate Under Trade Unions Act, Can Represent Workmen Collectively for Insolvency Proceedings.

30 Apr 2019

The appeal arose from a long-standing dispute concerning a jute mill that had been closed permanently on 07.03.2014. The appellant, JK Jute Mill Mazdo...

Supreme Court

Supreme Court Dismisses Appeal of NBFC in Income Tax Dispute on Set-off of Speculation Loss. Principal Business Determined by Actual Activities, Not Registration; Amendment to Explanation to Section 73 Held Prospective.

30 Apr 2019

The appeal arose from a judgment of the Calcutta High Court in an appeal under Section 260A of the Income Tax Act, 1961, concerning the assessment yea...

Supreme Court

Supreme Court Dismisses Contempt Petitions Against RBI for Alleged Disobedience of RTI Directions. RBI's Disclosure Policy and Individual Information Requests Held Not in Contempt of Court's Earlier Judgment.

26 Apr 2019

The Supreme Court dismissed three contempt petitions filed against the Reserve Bank of India (RBI) alleging wilful disobedience of its judgment dated ...

Supreme Court

Supreme Court Remands FEMA Case to High Court for Fresh Consideration Due to Failure to Examine Material Evidence. High Court's Assumption That No Evidence Was Filed Was Contrary to Record, Requiring Remand Under Section 8 and Section 42 of FEMA, 1999.

22 Apr 2019

The Supreme Court dealt with appeals arising from a High Court judgment that had allowed appeals by the Union of India and dismissed a writ petition b...

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