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Search Results for "Attachment"

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Supreme Court

Supreme Court Sets Aside High Court Order Restoring Suit and Upholds Auction Sale in Civil Appeal. High Court Erred in Granting Relief to Defendant Despite Evidence of Service and Completion of Auction Proceedings Under Order IX Rule 13 of Code of Civil Procedure, 1908.

29 Sep 2021

The dispute originated from a suit for recovery of money filed by respondent no. 2 against respondent no. 1 regarding part sale consideration for prop...

Supreme Court

Supreme Court Allows Appeal in Employees' State Insurance Act Case Regarding Municipality-Run Factory. The Court held that the Employees' Insurance Court lacked jurisdiction to decide on exemption under Section 90, and the proviso to Section 1(4) does not apply to local authorities, requiring contributions under the Act.

28 Sep 2021

The dispute arose from the Employees' State Insurance Corporation's claim for contributions from Kakinada Municipality, which operated a factory cover...

Supreme Court

Supreme Court Directs NCLT to Expedite Approval of Resolution Plan in Home Buyers' Insolvency Case, Upholding IBC Moratorium. Execution of Consumer Forum Order Stayed Under Section 14 of Insolvency and Bankruptcy Code, 2016, with Personal Liability Issues Referred to Adjudicating Authority.

8 Sep 2021

The dispute involved home buyers who had entered into agreements with a developer for a housing project, with possession due in 2014. The developer ab...

Supreme Court

Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

6 Sep 2021

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

Supreme Court

Supreme Court Dismisses State's Appeal in Lease Termination Case Due to Procedural Non-Compliance. Lease Termination Invalid as State Failed to Provide Notice and Opportunity to Remedy Default Under Clause 12 of Lease Deed, 1979, and Assignment to Partnership Firm Did Not Constitute Breach Under Clause 14.

3 Sep 2021

The dispute originated from the State of Kerala's termination of a lease agreement concerning 246.26 acres of forest land, initially auctioned in 1953...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

28 Jul 2021

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

Supreme Court

Supreme Court Allows Appeal in GST Provisional Attachment Case, Reversing High Court's Dismissal on Maintainability Grounds. The High Court Erred in Dismissing Writ Petition Solely Due to Alternative Remedy Under Section 107 of the Himachal Pradesh Goods and Services Tax Act, 2017, Without Examining Merits of Provisional Attachment Orders Under Section 83.

20 Apr 2021

The appeal arose from a judgment dated 1 January 2021 by the High Court of Himachal Pradesh, which dismissed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Issues Guidelines in Suo Motu Proceeding to Standardize Criminal Trial Practices. The Court directed uniform rules for documentation and evidence presentation, and modified draft rules to ensure disclosure of exculpatory materials to accused under Sections 207/208 of the Code of Criminal Procedure, 1973.

20 Apr 2021

The Supreme Court of India initiated a suo motu writ proceeding under Article 32 of the Constitution to address widespread inadequacies and deficienci...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

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