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High Court Recalls Order Due to Violation of RBI Directives and Unlawful Compromise Affecting Third-Party Rights. Recall of Order Based on Unlawful Compromise in Loan Assignment Dispute

Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court of India Ruled on the Definition of ‘Consumer’ Under the Consumer Protection Act, 1986 in Loan Transactions

The Apex Court Held That a Borrower of a Project Loan Does Not Qualify as a ‘Consumer’ When the Loan is Availed for Commercial Purposes The Supre...

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Supreme Court Set Aside Conviction Under Sections 120B and 411 IPC — Ordered Return of Seized Gold Bars to Appellant. Acquittal of Co-Accused Upheld — Failure to Prove Seized Gold Was Stolen Property — Reasonable Doubt Favored Accused

Constitution of India (COI) — Article 21 — Right to Fair Trial — Burden of Proof on Prosecution — Chain of Circumstances Must Be Complete. In...

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Bombay High Court Issued Writ of Prohibition Against Proceedings by Non-Financial Institution

Constitution of India, 1950 (COI) – Article 226 and Article 227 – High Court’s writ jurisdiction to issue Writ of Prohibition when there is a cl...

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Rights of Persons with Disabilities – Reasonable accommodation in examinations – Facility of scribe and compensatory time extended to all disabled candidates.

Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 ...

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Restoration of Promotion & Consequential Benefits – Contempt Not Made Out, But Directions Issued for Compliance.

Quashing of disciplinary proceedings due to bias – Restoration of promotion benefits from 2001 – Contempt not made out but compliance directed –...

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High standards of honesty and proportionality in disciplinary actions reaffirmed by the Supreme Court.

  Principles of Natural Justice: Breach of natural justice alone is insufficient for setting aside disciplinary action if the misconduct is proven...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...