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Nitin Pandurang Shejwal v. The State of Maharashtra

High Court of Bombay · 05 Jan 2023

The High Court upheld the Tribunal’s reference of conflicting recruitment cases to a larger Bench despite procedural irregularities in recalling its earlier order, directing maintenance of service status quo pending final decision.

administrative petition_dismissed

Tata Sons Pvt Ltd v. Siva Industries and Holdings Ltd & Ors

Supreme Court of India · 05 Jan 2023 · 2023 INSC 13

The Supreme Court held that the 2019 amendment to Section 29A excludes international commercial arbitrations from mandatory timelines, allowing the arbitral tribunal to continue proceedings beyond twelve months without automatic termination of its mandate.

arbitration appeal_allowed

Kotak Mahindra Bank Limited v. Girnar Corugators Private Limited

Supreme Court of India · 05 Jan 2023

The Supreme Court held that the SARFAESI Act's provisions on secured creditor priority and recovery prevail over the MSMED Act, allowing possession of secured assets despite pending MSMED recovery proceedings.

civil appeal_allowed

Kotak Mahindra Bank Limited v. Girnar Corrugators Pvt. Ltd.

Supreme Court of India · 05 Jan 2023

The Supreme Court held that recoveries under the SARFAESI Act have priority over those under the MSMED Act, and the SARFAESI Act's provisions prevail in case of conflict.

civil appeal_allowed

Rohan Dhungat v. The State of Goa

Supreme Court of India · 05 Jan 2023

The Supreme Court held that the period of parole must be excluded from the calculation of 14 years of actual imprisonment required for premature release under the Goa Prisons Rules, 2006.

criminal appeal_dismissed

Rohan Dhungat v. The State of Goa

Supreme Court of India · 05 Jan 2023

The Supreme Court held that the period of parole must be excluded from the calculation of 14 years of actual imprisonment for premature release under the Goa Prisons Rules, 2006, dismissing the convicts' appeal.

criminal appeal_dismissed

K. SREEDHAR v. M/S RAUS CONSTRUCTIONS PVT. LTD.

Supreme Court of India · 05 Jan 2023

The Supreme Court held that the High Court erred in entertaining a writ petition against the DRT order and misapplied procedural rules and Section 31(i) exemption, restoring the sale under SARFAESI Act.

civil appeal_allowed

B. Venkateswaran v. P. Bakthavatchalam

Supreme Court of India · 05 Jan 2023

The Supreme Court quashed criminal proceedings under the SC/ST Act initiated from a private civil dispute, holding such initiation an abuse of process of law.

criminal appeal_allowed

Basavaraj v. Padmavathi

Supreme Court of India · 05 Jan 2023

The Supreme Court restored the Trial Court's decree for specific performance, holding that failure to produce bank documents does not negate readiness and willingness to perform a contract.

civil appeal_allowed

Basavaraj v. Padmavathi

Supreme Court of India · 05 Jan 2023

The Supreme Court restored the Trial Court's decree for specific performance, holding that absence of documentary proof does not negate readiness and willingness to perform the contract unless specifically called for.

civil appeal_allowed

Sidha Neelkanth Paper Industries Private Limited & Another v. Prudent ARC Limited & Others

Supreme Court of India · 05 Jan 2023

The Supreme Court held that under Section 18 of the SARFAESI Act, a borrower challenging an auction sale must deposit 50% of the full debt including interest as pre-deposit, without adjustment of auction sale proceeds deposited by the purchaser.

civil appeal_allowed

Sidha Neelkanth Paper Industries Private Limited & Another v. Prudent ARC Limited & Others

Supreme Court of India · 05 Jan 2023

The Supreme Court held that under Section 18 of the SARFAESI Act, the borrower must deposit 50% of the full debt including interest as pre-deposit without adjustment of auction sale proceeds when challenging the sale.

civil appeal_allowed

Shekhar Resorts Limited v. Union of India

High Court of Allahabad · 05 Jan 2023

The Supreme Court allowed the appeal directing acceptance of service tax dues payment under the Sabka Vishwas Scheme despite the moratorium under IBC, recognizing legal impossibility as a defense to non-payment during insolvency proceedings.

tax appeal_allowed

Shekhar Resorts Limited v. Union of India

Delhi High Court · 05 Jan 2023

The Supreme Court held that non-payment under the Sabka Vishwas Scheme during the IBC moratorium period cannot be penalized and allowed the appellant's appeal directing acceptance of dues and issuance of clearance certificate.

tax appeal_allowed

M/s. Shekhar Resorts Limited v. Union of India

Supreme Court of India · 05 Jan 2023

The Supreme Court allowed the appeal directing acceptance of settlement dues under the Sabka Vishwas Scheme despite delayed payment caused by a moratorium under the Insolvency and Bankruptcy Code, emphasizing that legal impossibility precludes penalization.

tax appeal_allowed

Tata Sons Pvt Ltd v. Siva Industries and Holdings Ltd & Ors

Supreme Court of India · 05 Jan 2023

The Supreme Court held that the 2019 amendment to Section 29A excludes international commercial arbitrations from mandatory timelines, allowing the arbitral tribunal to continue proceedings expeditiously without automatic termination of mandate.

civil appeal_allowed

Azaria corp LLP v. Deputy Commissioner of State Tax

High Court of Bombay · 05 Jan 2023

The Bombay High Court allowed restoration of GST registration cancelled for non-filing of returns upon full payment of dues, emphasizing proportionality and mutual interest of taxpayer and revenue.

administrative petition_allowed

Presto Stantest P. Ltd. v. Pacorr Testing Instruments P. Ltd. & Ors.

Delhi High Court · 05 Jan 2023 · 2023:DHC:9461

The Delhi High Court held that service of written statement by email constitutes valid receipt triggering the mandatory 45-day limitation period for filing replication, and refused to condone delay beyond this period.

civil petition_dismissed

Srij Singh v. Greater Noida Industrial Development Authority

High Court of Allahabad · 05 Jan 2023

The Supreme Court held that appellate courts must consider cross-objections filed in land acquisition compensation appeals and remanded the matter for fresh adjudication due to the High Court's failure to do so.

civil appeal_allowed

Bar Council of India v. Commissioner of Income Tax (Exemption)

Delhi High Court · 05 Jan 2023 · 2024:DHC:57-DB

The Delhi High Court allowed the writ petition and directed condonation of delay in filing Form 10 for AY 2016-17, emphasizing liberal exercise of discretion under Section 119(2)(b) of the Income Tax Act to mitigate genuine hardship.

tax petition_allowed