Search Results for "proportionate attachment"

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Search Results for "proportionate attachment"

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High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Support of LMAA Arbitration — Respondent Directed to Furnish Bank Guarantee for Admitted Demurrage Liability. The court held that where liability is admitted and payment is defaulted, the petitioner is entitled to security pending arbitration.

2 Jul 2026

The petitioner, Norvic Shipping Asia PTE Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim prot...

Supreme Court

Supreme Court Quashes NCLT Approval and NCLAT Judgment in Bhushan Power CIRP, Remands for Fresh Resolution Plan. Approved Plan Set Aside Due to Inordinate Delay, Illegal Extension Clause, Waterfall Violation, and Non-Compliance with IBC Provisions Including Sections 30, 31, and 53.

2 May 2025

The Supreme Court adjudicated a batch of civil appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) challenging the approval of ...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

High Court

Bombay High Court Quashes Provisional Attachment Order in GST Case — Attachment of Escrow Account Held Invalid as Petitioner Was Not the Tax-Defaulting Assessee. Section 83 of CGST Act, 2017 does not permit provisional attachment of property of a third party who is not a noticee or assessee under the Act.

9 Feb 2021

The petitioners, Abhi Engineering Corporation Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging ...

High Court

Bombay High Court Allows Release of Attached Property After Acquittal in Criminal Case — Petitioner Acquitted in 2012, Attachment Under Section 82 CrPC Ceases Upon Appearance and Acquittal.

29 Nov 2018

The petitioner, Sikandar alias Shaikhlal Lalasaheb Deshinge, was an accused in a criminal case. On 16/07/1990, a proclamation under Section 82 of the ...

High Court

Bombay High Court Allows Writ Petition Challenging Auction Sale Confirmation in Cooperative Bank Recovery Proceedings. Vested Right in Auction Purchaser Not Accrued Until Sale Confirmation by Competent Authority Under Maharashtra Cooperative Societies Act, 1960.

12 Sep 2018

The petitioner, Aniruddha Sadashiv Pande, a journalist from Yavatmal, had taken a loan from the Yavatmal Urban Cooperative Bank Ltd. (respondent no.3)...

High Court

Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

5 Jun 2017

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

High Court

Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

22 Feb 2005

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...

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