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Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

3 Dec 2021

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

Supreme Court

Supreme Court Allows Fresh Resolution Process for Corporate Debtor Despite Default by Successful Resolution Applicant. Time Spent in Litigation Excluded to Uphold Maximisation of Asset Value Under Insolvency and Bankruptcy Code, 2016.

1 Dec 2021

The appeal arose from the corporate insolvency resolution process of Amtek Auto Limited, initiated under Section 7 of the Insolvency and Bankruptcy Co...

Supreme Court

Supreme Court Upholds State's Notifications in Urban Development Case Due to Erroneous High Court Findings on Mala Fides and Statutory Interpretation. Notifications Under Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and Haryana Development and Regulation of Urban Areas Act, 1975 Were Valid as High Court's Reliance on Definition of 'Colony' and Insufficient Mala Fides Findings Were Legally Unsustainable.

16 Nov 2021

The dispute arose from the State of Haryana and Town Planning Authorities appealing against a High Court judgment that set aside two notifications: on...

Supreme Court

Supreme Court Dismisses Appeals Challenging DGP Appointment in Punjab, Upholds UPSC Selection Process. Appointment Valid as Empanelment Followed Supreme Court Directions in Prakash Singh Case and Draft Guidelines, with No Proven Bias or Arbitrariness.

16 Nov 2021

The dispute arose from the appointment of Mr. Dinkar Gupta as Director General of Police (Head of Police Force) for Punjab in 2019, challenged by appe...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Contract Dispute Over Accident Benefit Due to Policy Lapse and Non-Disclosure. Accident Benefit Not Payable as Policy Was Not in Force on Accident Date and Insured Failed to Disclose Accident When Reviving Policy, Violating Utmost Good Faith Under Insurance Act, 1938.

29 Oct 2021

The dispute arose from a life insurance policy taken by the husband of the respondent under the Jeevan Suraksha Yojana from the Life Insurance Corpora...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Litigant for Frivolous Filings and Disparaging Judicial Remarks. Court imposed costs and restrictions on future public interest litigations due to abuse of process and violation of orders under Contempt of Courts Act, 1971.

29 Sep 2021

The dispute originated from a writ petition filed by Suraz India Trust, represented by its chairman Mr. Rajiv Daiya, against the Union of India. The S...

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...

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