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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Upholds RBI Circular Denying Arrears of Pension from Date of Retirement in Pension Option Case. Prospective Pension from July 1, 2020, Upheld as Valid Exercise of Employer's Discretion.

The Reserve Bank of India (RBI) appealed against a Division Bench judgment of the Kerala High Court that had dismissed its appeal against a Single Jud...

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Supreme Court Modifies Expulsion of Bihar MLC to Suspension, Reinstates Dr. Sunil Kumar Singh – Proportionality in Legislative Punishment Under Scrutiny. Court Invokes Article 142 to Ensure Proportionality in Legislative Discipline, Reinstates Petitioner After 7 Months of Expulsion

Maintainability of Writ Petition: The Court held that the Writ Petition is maintainable as Article 212(1) does not bar judicial review of legislative...

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High Court of Karnataka Allows Writ Petition Quashing Banking Ombudsman Order in Demand Draft Cancellation Dispute. Petitioner Entitled to Cancellation of DD and Credit of Amount with Interest as Per RBI Circulars.

The petitioner, Doddaballapur Spinning Mills, a company registered under the Companies Act, 1956, held a current account with ICICI Bank Ltd. (respond...

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High Court of Karnataka Allows Writ Petition Quashing Banking Ombudsman Order in Demand Draft Cancellation Dispute. Petitioner Entitled to Cancellation of DD and Credit of Amount with Interest as RBI Circulars Permit Cancellation After Three Months and Complaint Was Within Limitation.

The petitioner, Doddaballapur Spinning Mills, a company registered under the Companies Act, 1956, held a current account with ICICI Bank Ltd. (respond...

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Court Orders Bank to Refund Rs. 76.9 Lakhs in Unauthorized Transaction Case. Judgment Reinforces Zero Liability for Customers Reporting Unauthorized Transactions Promptly

In a case involving unauthorized electronic banking transactions, the court ruled that the bank (Respondent No. 2) must refund Rs. 76,90,017/- to Phar...

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Supreme Court Allows Appeals in Resolution Plan Approval Case, Overturning High Court's Dismissal. High Court Erred in Not Exercising Inherent Powers Under Section 151 CPC to Approve Plan Beneficial to Small Debenture Holders, Leading Supreme Court to Use Article 142 Powers for Approval.

The Supreme Court of India heard appeals challenging the Bombay High Court's order dated 16 December 2022, which dismissed an interim application file...

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Supreme Court Disposes of PIL Challenging Interest Accrual During COVID-19 Moratorium After Government Announces Relief Measures. Petitioner expressed satisfaction with government's decision to waive interest on specified loan categories up to Rs.2 Crores.

The petitioner, Gajendra Sharma, filed a writ petition under Article 32 of the Constitution challenging the Reserve Bank of India's notification dated...

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Supreme Court Allows Appeal in Income Tax Case: Subscriptions Received Under Collective Investment Schemes Held to be Capital Receipts Not Income. Peerless General Finance's Subscriptions Not Forfeited During Assessment Years, Hence Not Taxable as Income.

The appeal arose from a dispute between The Peerless General Finance and Investment Company Ltd. (appellant) and the Commissioner of Income Tax (respo...