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Home - News - Page 278

Bombay High Court: Arbitrator’s Jurisdiction Challenged; Non-Disclosure in Insurance Proposal Forms Under Scrutiny Amid Absence of Arbitration Clause in SBE Policy
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Bombay High Court: Arbitrator’s Jurisdiction Challenged; Non-Disclosure in Insurance Proposal Forms Under Scrutiny Amid Absence of Arbitration Clause in SBE Policy

Court’s Decision The Bombay High Court heard a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award that directed the petitioner (a government-owned insurance…
Posted by Rawlaw December 31, 2024
Delhi High Court Reduces Sentence in POCSO Case: Insufficient Evidence for Aggravated Penetrative Sexual Assault, Highlights ''Higher Threshold of Proof for Graver Offences''
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Delhi High Court Reduces Sentence in POCSO Case: Insufficient Evidence for Aggravated Penetrative Sexual Assault, Highlights ”Higher Threshold of Proof for Graver Offences”

Court’s Decision The Delhi High Court modified the appellant’s conviction from aggravated penetrative sexual assault (Section 6 of the POCSO Act) to an attempt to commit such an offence (Section…
Posted by Rawlaw December 31, 2024
Bombay High Court Upholds Pre-Deposit Requirement Under SARFAESI Act, Rejects Borrower's Waiver Plea for Lack of Financial Hardship and Prima Facie Case, Confirms Accrued Interest as Part of Debt Calculation
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Bombay High Court Upholds Pre-Deposit Requirement Under SARFAESI Act, Rejects Borrower’s Waiver Plea for Lack of Financial Hardship and Prima Facie Case, Confirms Accrued Interest as Part of Debt Calculation

1. Court’s Decision: The Bombay High Court rejected the borrower’s writ petition seeking a waiver of the statutory pre-deposit required under Section 18(1) of the SARFAESI Act to appeal a…
Posted by Rawlaw December 31, 2024
Delhi High Court Rules Section 32A IBC Grants Corporate Debtor Immunity from Prosecution Post-Resolution Plan but Does Not Bar Investigation into ₹409.26 Crore Bank Fraud Allegations
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Delhi High Court Rules Section 32A IBC Grants Corporate Debtor Immunity from Prosecution Post-Resolution Plan but Does Not Bar Investigation into ₹409.26 Crore Bank Fraud Allegations

Court’s Decision: The Delhi High Court, while adjudicating the petition under Section 482 CrPC (now Section 528 BNSS), refused to quash the FIR against Gangakhed Sugar and Energy Ltd. The…
Posted by Rawlaw December 31, 2024
Bombay High Court Dismisses Revenue's Appeal on Denial of CENVAT Credit for Exempted Goods, Affirming Tribunal’s Decision Based on Settled Law
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Bombay High Court Dismisses Revenue’s Appeal on Denial of CENVAT Credit for Exempted Goods, Affirming Tribunal’s Decision Based on Settled Law

Court’s Decision The Bombay High Court dismissed the Revenue’s appeal filed under Section 35G of the Central Excise Act, 1944. The court upheld the Tribunal's decision, which allowed the respondent…
Posted by Rawlaw December 31, 2024
Delhi High Court Reaffirms Limited Scope of Writ Jurisdiction Under Article 226: Statutory Remedies Must Be Exhausted Before Addressing Alleged Police Misconduct and Custodial Torture"
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Delhi High Court Reaffirms Limited Scope of Writ Jurisdiction Under Article 226: Statutory Remedies Must Be Exhausted Before Addressing Alleged Police Misconduct and Custodial Torture

1. Court’s Decision The High Court of Delhi dismissed the petition filed under Article 226, stating that: The petitioner had adequate remedies under the Cr.P.C., such as filing a complaint…
Posted by Rawlaw December 31, 2024
Bombay High Court Denies Bail: Neutral Material in Ganja Seizures Cannot Be Separated; Total Weight to Determine Commercial Quantity Under NDPS Act; Procedural Compliance on Sample Collection Upheld
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Bombay High Court Denies Bail: Neutral Material in Ganja Seizures Cannot Be Separated; Total Weight to Determine Commercial Quantity Under NDPS Act; Procedural Compliance on Sample Collection Upheld

Court’s Decision The Bombay High Court refused the applicant’s bail, citing the NDPS Act’s provisions and the Supreme Court's interpretation in Hira Singh v. Union of India. The court emphasized…
Posted by Rawlaw December 31, 2024
Delhi High Court Dismisses GNCTD’s Pleas, Reaffirms Tribunal’s Ruling That Deputy Director of Education Lacked Authority to Act as Disciplinary Authority in Penalizing Teachers Under CCS (CCA) Rules
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Delhi High Court Dismisses GNCTD’s Pleas, Reaffirms Tribunal’s Ruling That Deputy Director of Education Lacked Authority to Act as Disciplinary Authority in Penalizing Teachers Under CCS (CCA) Rules

Court’s Decision The Delhi High Court dismissed two writ petitions filed by the Government of NCT of Delhi (GNCTD) challenging a common judgment passed by the Central Administrative Tribunal (CAT).…
Posted by Rawlaw December 30, 2024
Supreme Court Modifies Visitation Rights to Prioritize Welfare of Two-Year-Old Child: Reduces Travel Burden by Shifting Visitation Venue to Madurai, Ensures Supervised Access for Father
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Supreme Court Modifies Visitation Rights to Prioritize Welfare of Two-Year-Old Child: Reduces Travel Burden by Shifting Visitation Venue to Madurai, Ensures Supervised Access for Father

Court’s Decision The Supreme Court of India partially allowed the appeal filed by the mother, modifying the High Court's and Family Court's orders regarding visitation rights of the father. It…
Posted by Rawlaw December 30, 2024
Supreme Court Strikes Down Consumer Forum’s Cap on Credit Card Interest Rates, Emphasizes RBI’s Sole Authority to Regulate Bank Policies and Prevents Overreach in Banking Operations
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Supreme Court Strikes Down Consumer Forum’s Cap on Credit Card Interest Rates, Emphasizes RBI’s Sole Authority to Regulate Bank Policies and Prevents Overreach in Banking Operations

Court’s Decision The Supreme Court reversed the National Consumer Disputes Redressal Commission (NCDRC)’s ruling that declared interest rates above 30% per annum charged by banks on credit card dues as…
Posted by Rawlaw December 30, 2024

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