Search Results for "Section 281"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Section 281"

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Tribunals

NCLAT Dismisses Appeal of BEST Undertaking Against Liquidator's Rejection of Interest Claim and Secured Creditor Status in Liquidation of Spark Green Energy. Interest-Free Deposit Does Not Attract Interest, and Unregistered Charge Does Not Confer Secured Status Under IBC.

1 Jan 2025

The appeal was filed by Brihanmumbai Electricity Supply and Transport Undertaking (BEST) against an order of the Adjudicating Authority (NCLT Mumbai B...

High Court

Bombay High Court Allows Wife's Appeal for Defreezing Bank Accounts in CBI Case — No Link Between Seized Accounts and Crime Proved. The court held that freezing of bank accounts under Section 102 CrPC requires nexus to the alleged offence, and the prosecution failed to establish any connection between the appellant's accounts and the crime, violating her right to property under Article 300A.

26 Mar 2024

The appellant, Latha Mahalingam, is the wife of original accused no.3, S. Mahalingam, who was a Branch Manager of Canara Bank. He was charged along wi...

High Court

Bombay High Court Quashes Income Tax Order Under Section 281 for Lack of Notice to Transferee. Transfer of Property by Assessee Held Not Void Against Bona Fide Purchaser Without Notice of Pending Proceedings.

19 Jul 2022

The petitioner, Nitin Nagarkar, purchased a land and farm house at village Bawdhan, Pune, vide a deed of conveyance dated 5th August 1997 from vendors...

Supreme Court

Supreme Court Allows Wife's Appeal in Hindu Marriage Act Amendment Case, Permitting Counter-Claim for Declaration of Void Second Marriage. The Court held that delay in amendment application is not fatal under Order VI Rule 17 CPC when necessary to decide real controversy and avoid multiplicity of proceedings, and counter-claim for declaratory relief under Section 23A Hindu Marriage Act, 1955, is permissible in divorce petition.

7 Oct 2021

The dispute arose from a marriage solemnized on 1.3.1987 between the appellant-wife and respondent-husband under Hindu rites, with a child born on 3.5...

High Court

Bombay High Court Dismisses Appeal in Probate Case for Non-Compliance with Section 281 of Indian Succession Act, 1925. Mandatory Verification by Attesting Witness Not Provided, Leading to Dismissal of Probate Petition.

10 Jan 2019

The appellant, Pralhad Ganpat Salgar, filed a Testamentary Suit No. 173 of 2017 seeking probate of a Will dated 07.04.2007 allegedly executed by the r...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Criminal Breach of Trust Case Due to Inordinate Delay and Incomplete Evidence. Trial Court's Closure of Prosecution Evidence Upheld as No Perversity Found Under Sections 406, 409 IPC.

29 Nov 2018

The State of Maharashtra appealed against the judgment and order of acquittal passed by the Judicial Magistrate First Class, Islampur on 02.02.1999 in...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Dismiss Misc. Civil Application in Execution Proceedings. Court holds that a third party purchaser cannot challenge a decree for specific performance without impleading himself in the suit, and the remedy lies in filing a separate suit for declaration of title.

25 Jul 2017

The revision application was filed by Rajkumar Singh challenging the order dated 30.8.2016 passed by the District Judge-13, Nagpur, rejecting his appl...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Dismisses Union of India's Suit Alleging Fraudulent Assignment of Insurance Policies to Defraud Income-Tax Authorities. Court holds that assignment of life insurance policies under the Married Women's Property Act, 1874 is not fraudulent and cannot be challenged by a creditor under Section 53 of the Transfer of Property Act, 1882.

2 May 2006

The suit was filed by the Union of India seeking a declaration that the assignment of seven life insurance policies by the original defendant no. 3 (S...

High Court

Bombay High Court Allows Petition of Bank in Income Tax Act Section 281 Challenge — Transfer of Property Not Void as Revenue Failed to Prove Fraudulent Intent. The court held that under Section 281 of the Income Tax Act, 1961, the burden is on the Revenue to prove that the transfer was made with the intention to defeat or delay tax recovery, and mere pendency of assessment does not suffice.

29 Aug 2005

The petitioner, Bank of Nova Scotia, a Canadian banking corporation, filed a writ petition challenging an order dated December 24, 1991, passed by the...

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