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Supreme Court Upholds High Court Ruling That Time Limit Under Section 14 of SARFAESI Act is Directory. The provision requiring District Magistrate to pass possession order within 30 days (extendable to 60 days) is directory, as non-compliance does not invalidate proceedings or prejudice the borrower.

The appeal arose from a judgment of the Kerala High Court which held that the time limit under Section 14 of the Securitisation and Reconstruction of ...

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Supreme Court Upholds 2020 Tribunal Rules with Modifications to Ensure Judicial Independence. Court directs changes to Search-cum-Selection Committee composition and member qualifications to align with constitutional principles.

The Supreme Court of India was called upon to decide the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualificat...

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Bombay High Court Quashes Reassessment Notice for Lack of Jurisdiction and Limitation — Income Tax Act, 1961 Sections 147, 148, 148A, 149, 151. Reassessment notice issued beyond limitation period and without fresh information under Explanation 1 to Section 148 is invalid.

The petitioner, Godrej Industries Ltd., challenged a show cause notice dated 24th May 2022 under Section 148A(b), an order dated 31st July 2022 under ...

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Bombay High Court Quashes Provisional Acceptance of Change Report in Trust Dispute Due to Non-Application of Mind and Delay Beyond Statutory Period. Section 22(2) of Maharashtra Public Trusts Act, 1950 requires provisional acceptance within 15 days of change report; order passed after 5 months is invalid.

The petitioner, Banjara Shikshan Prasarak Mandal, Balsur through its Secretary Gulabdas Nandu Chavan, filed a writ petition challenging two orders: (1...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...