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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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Supreme Court Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Supreme Court Allows Revenue's Appeal in Transfer Pricing Case — CBDT Instruction Not Mandatory. Assessing Officer's Power to Determine Arm's Length Price Under Section 92C(3) Upheld Despite Non-Reference to TPO.

The case involves an appeal by the Principal Commissioner of Income Tax-4, Mumbai against the judgment of the Bombay High Court which dismissed the Re...