Search Results for "Section 40"

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Search Results for "Section 40"

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Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Dismisses Appeals in Criminal Writ Petitions Challenging Summons Issuance for Cheque Dishonor. The Court upheld the High Court's decision that a prima facie case existed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate's satisfaction for issuing summons was proper, refusing to quash proceedings under Section 482 of the Code of Criminal Procedure, 1973.

28 Apr 2023

The Supreme Court dealt with appeals challenging the High Court of Judicature at Bombay's judgment dated 26th April 2021, which dismissed the appellan...

Supreme Court

Supreme Court Quashes Disqualification Order Against Zilla Parishad Member Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court held that disqualification under Section 16(1)(i) requires direct evidence of interest in work done by Zilla Parishad order, not mere inference of misuse, and procedural fairness under Section 40 was violated.

17 Apr 2023

The dispute arose from the disqualification of a Zilla Parishad member elected on 08.01.2020, following a petition by a defeated candidate under Secti...

Supreme Court

Supreme Court Dismisses Transfer Petition in PMLA Case Seeking Venue Change from Lucknow to Ernakulam. Transfer Under Section 406 CrPC Not Granted as Accused Failed to Establish Exceptional Circumstances or That Place of Predicate Offence Determines PMLA Trial Venue Under Section 65 PMLA.

10 Apr 2023

The Supreme Court considered a transfer petition filed by an accused in a Prevention of Money-laundering Act (PMLA) case seeking to transfer the proce...

Supreme Court

Supreme Court Dismisses Appellant in Wildlife Declaration Case Due to Time-Barred Application. Time Limit Under Rule 4(2) of Declaration of Wild Life Stock Rules, 2003 is Mandatory and Cannot Be Relaxed, as Per Section 40A of Wild Life (Protection) Act, 1972.

17 Mar 2023

The appeal arose from a dispute concerning the time limit for filing declarations under wildlife protection laws. The appellant, in possession of a de...

Supreme Court

Supreme Court Considers Transfer Petition in Murder Trial Amid Allegations of Unfair Proceedings and Political Interference. Transfer sought under Section 406 CrPC due to alleged political vendetta, witness intimidation, and procedural irregularities including withdrawal of prosecution under Section 321 CrPC set aside by High Court.

17 Mar 2023

The Supreme Court considered a transfer petition filed under Section 406 of the Code of Criminal Procedure, 1973, by the brother of a deceased victim ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

Supreme Court Allows Transfer Application in Civil Suit, Clarifying Common High Court's Jurisdiction Under CPC. Common High Court Has Power Under Section 24 CPC to Transfer Proceedings Between Civil Courts in Different States Within Its Territorial Jurisdiction, as Both Courts Are Subordinate, While Section 25 Applies Only to States with Different High Courts.

28 Feb 2023

The dispute originated from a suit filed by the appellants in 2007 in the District Court at Dimapur, Nagaland, seeking declaration of right, title, in...

Supreme Court

Supreme Court Allows Consumer Appeal in Housing Deficiency Case Against NCDRC Dismissal. Court Held NCDRC Erred in Dismissing Complaint Despite Finding Unfair Trade Practice and Failed to Properly Consider Statutory Obligations Under Kolkata Municipal Corporation Act, 1980 and Consumer Protection Act, 1986.

9 Feb 2023

The appeal arose under Section 23 of the Consumer Protection Act, 1986, challenging the order dated 21st August 2020 by the National Consumer Disputes...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

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