Tag: Supreme Court

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SC: Homebuyers, RWAs can’t join developers’ insolvency process

NEW DELHI: The Supreme Court ruled on Thursday that homebuyers’ societies, or Resident Welfare Associations (RWAs), generally established for the maintenance and management of common facilities in housing projects, do not possess the right to intervene in the insolvency proceedings of the developer company. A bench comprising Justices JB Pardiwala and R Mahadevan upheld the insolvency proceedings against Takshashila Heights India Private Ltd under the Insolvency and Bankruptcy Code of 2016. It specified that if creditors aim to utilize the provisions of the code, they must genuinely seek to revive the corporate debtor. The court stated, “If revival is not…

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SC Requests Uttarakhand to Report on Illegal Forest Land Constructions

NEW DELHI: The Supreme Court criticized the Uttarakhand government for “persistent negligence” and requested a detailed report including a site plan that outlines illegal constructions on forest land in the state. A bench consisting of Chief Justice Surya Kant and Justice Joymalya Bagchi highlighted their serious concerns over the large-scale and systematic encroachment on forest land in Uttarakhand. They indicated plans to broaden the scope of legal proceedings to investigate the failure of state authorities to protect these lands. The court remarked that state officials seemed to collude with land grabbers, allowing encroachments and then attempting to legitimize them through…

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SC Requests UP Government Files on Amrapali for Faster OC Approvals

Supreme Court of India NOIDA: The Supreme Court has directed the Uttar Pradesh government to provide documents related to the distribution of completion certificates (CCs) and occupancy certificates (OCs) for Amrapali Group housing developments. The court emphasized that the process should not be held up due to the absence of documents from the now-defunct developer. This order is part of ongoing efforts to address the longstanding case impacting thousands of homebuyers. A bench comprised of Justices Sanjay Kumar and Satish Chandra Sharma, during proceedings on December 11, instructed Noida Authority, Greater Noida Industrial Development Authority (GNIDA), and related agencies not…

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Insolvency Cases Surge, Straining NCLT amid Infra Issues

NEW DELHI: The Insolvency and Bankruptcy Code (IBC) framework in 2025 faced increasing stress on timelines and capacity, with resolution processes often extending beyond statutory deadlines. This scenario persists despite the National Company Law Tribunal’s (NCLT) efforts to manage its limited resources. Senior advocates and legal experts have raised alarms over systemic delays, indicating that nearly 10,000 cases remain stuck at the admission stage, with over Rs 10 lakh crore in distressed assets at stake. Additionally, nearly 24 out of 30 NCLT courts are operating on half-day schedules. The delays can be attributed to a combination of limited capacity, repeated…

Latest StoriesRegulatory

SC Limits Activity on 100 Acres of Disputed Shamshabad Land

HYDERABAD: The Supreme Court has instructed private parties claiming a significant 100-acre disputed parcel in Shamshabad and Paigah village, allegedly owned by HMDA, to halt any construction or transfer of property until their appeal is resolved in the Telangana high court. The division bench, comprising Justices MM Sundresh and Satish Chandra Sharma, was reviewing a petition from Mohammad Taher Khan, who claims ownership of the land based on specific survey numbers. HMDA (formerly HUDA) argued it had acquired approximately 180 acres in the 1990s, and that when objections arose over the increased compensation amounts, the Supreme Court mandated an enhancement…

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SC grants bail to ex-DHFL promoters in loan scam case

NEW DELHI: The Supreme Court has granted bail to former DHFL promoters Kapil Wadhawan and his brother Dheeraj, acknowledging that an undertrial should not be detained indefinitely in relation to a multi-crore bank loan scam. In a ruling on December 11, Justices J K Maheshwari and Vijay Bishnoi stated that prolonged incarceration without trial undermines Article 21, which safeguards the right to life and personal liberty. The court emphasized that under Indian law, “bail is the rule, and jail is the exception,” a principle fundamental to criminal jurisprudence. It added that pretrial imprisonment must not evolve into punitive action without…

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SC Grants One-Week Stay for UP Property Demolition Petitions

NEW DELHI: The Supreme Court on Thursday granted temporary relief for one week to two petitioners whose properties in Uttar Pradesh are slated for demolition. The court directed that the current state of affairs be preserved until the specified time. A bench comprised of Justices Vikram Nath and Sandeep Mehta instructed the petitioners, who claimed that partial demolition of their residential or banquet hall properties had already occurred, to seek further orders from the Allahabad High Court. The court cited the ongoing partial demolition as the basis for granting this week of interim relief. “Taking into consideration the aforementioned scenario,…

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No GST on Leasing Residential Premises as Student Hostels: SC

NEW DELHI: The Supreme Court ruled on Thursday that leasing residential premises to entities utilizing them as hostels for students and working professionals is exempt from GST. Justices JB Pardiwala and KV Viswanathan upheld the Karnataka High Court’s decision, affirming that such leasing practices are indeed exempt under GST. “In this instance, the primary purpose of the property as a residence is unchanged. Imposing an 18% GST on the transaction between the respondent No. 1 and the lessee, M/s DTwelve Spaces Private Limited, would eventually burden students and working professionals, undermining the legislative intent of providing exemptions for residential use,”…

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Vasant Kunj Residents Protest Group Housing on Morphological Ridge

NEW DELHI: Residents of B-1, Vasant Kunj, protested at Jantar Mantar on Sunday against the approval of a group housing project proposed on the Morphological Ridge. The project received clearance from the Supreme Court-appointed Centre Empowered Committee, along with NoCs from DDA, MCD, the Airports Authority of India, and the Union Ministry of Environment, Forest and Climate Change, as well as the State Level Expert Appraisal Committee. Protesters carried placards that read “Our Air, Our Right — Not for Sale” and “Building Towers, Burying Lungs,” voicing their opposition to the plans for three 10-storey luxury towers with three-level basements on…

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SC Directs ED to Release V Hotels Assets to Lodha Developers

NEW DELHI: The Supreme Court has ordered the Enforcement Directorate (ED) to unfreeze 12 properties of corporate debtor V Hotels Ltd, which includes land in Maharashtra valued at approximately ₹4,000 crore. This decision marks a significant victory for Lodha Developers, which acquired V Hotels through the insolvency resolution process last year. Among the assets to be released is Mumbai’s prestigious Centaur Hotel located in Juhu. Lodha Developers, previously known as Macrotech Developers, acquired V Hotels via a ₹890-crore resolution plan sanctioned by the National Company Law Tribunal (NCLT) in April of last year. The company had deposited ₹520.80 crore as…