Search Results for "Hypothecation Agreement"

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Search Results for "Hypothecation Agreement"

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High Court

High Court of Karnataka Dismisses Appeal by Hospital and Proprietor Against ARCIL in SARFAESI Act Matter — Upholds Single Judge's Order Dismissing Writ Petitions as Not Maintainable. The Court held that the remedy under Section 17 of the SARFAESI Act is an efficacious alternative remedy and the writ petition was not maintainable.

18 Dec 2025

The appellants, M/S Sridevi Hospital and its proprietor Dr. K. Senthilnathan, filed a writ appeal against a common order dated 20.12.2024 passed by a ...

High Court

High Court of Karnataka Allows Revision Petitions in VAT Reassessment Cases — Reassessment Orders Set Aside for Non-Compliance with Section 39(1) of KVAT Act, 2003. Mandatory Pre-Decision Hearing Requirement Not Waived Despite Assessee's Participation in Subsequent Proceedings.

18 Feb 2025

The judgment concerns five revision petitions filed under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (KVAT Act) against orders of the Ka...

High Court

Bombay High Court Dismisses State's Appeal in VAT Second Appeal, Upholding Tribunal's Factual Findings on Canteen Services Not Being Works Contract. The court held that the transaction of providing canteen services to employees does not constitute a 'works contract' under the Maharashtra Value Added Tax Act, 2002, as there is no transfer of property in goods.

4 Dec 2023

The case involves an appeal by the State of Maharashtra, through the Additional Commissioner of Sales Tax, against Sanghavi Movers Ltd., the responden...

High Court

Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

28 Apr 2023

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

Bombay High Court Allows SEBI's Appeal Against Interim Order Restraining Adjudication Proceedings. Civil Suit Against SEBI Held Not Maintainable Due to Alternative Remedy Under SEBI Act, 1992.

21 Mar 2022

The case involves an appeal by the Securities and Exchange Board of India (SEBI) against an interim order passed by a Single Judge of the Bombay High ...

Supreme Court

Supreme Court Dismisses Chit Fund Foreman's Appeal for Recovery of Future Installments. Holds that chit subscriber's liability for future installments is a contractual obligation, not a debt in praesenti, under Chit Funds Act, 1982.

6 Nov 2019

The present appeal arose from a chit fund conducted by M/s Oriental Kuries Ltd. (appellant) from 1978 to 1990. The respondents were subscribers who de...

Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank AG Against Pearl Engineering Polymers Limited Due to Bona Fide Dispute Over Debt. The court held that a winding-up petition under Sections 433(e) and 434 of the Companies Act, 1956, cannot be maintained when the debt is genuinely disputed, as the summary jurisdiction is not meant for adjudicating complex factual disputes.

19 Nov 2012

The petitioner, Deutsche Bank AG, a foreign bank constituted under German law and authorized to carry on banking business in India, filed a winding-up...

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