Search Results for "CMM jurisdiction"

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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 "CMM jurisdiction"

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High Court

Bombay High Court Allows Writ Petition by Asset Reconstruction Company Against District Magistrate's Order Under SARFAESI Act — District Magistrate's Order Quashed for Lack of Jurisdiction and Violation of Natural Justice. The court held that the District Magistrate cannot adjudicate upon the validity of assignment of debt under Section 14 of the SARFAESI Act, 2002, and must hear the secured creditor before passing any adverse order.

20 Aug 2022

The petitioners, Phoenix ARC Private Limited (an Asset Reconstruction Company registered under the SARFAESI Act) and its authorized representative, fi...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Cheating and Criminal Breach of Trust Case Due to Civil Nature of Dispute and Forum Shopping. The Court held that allegations of belated share allotment and failure to launch an IPO constituted a commercial dispute without dishonest intention at inception, and filing multiple complaints on same cause of action amounted to abuse of process under Sections 420, 406, 120B IPC and Section 482 CrPC.

22 Mar 2022

The appeal arose from a judgment of the High Court of Calcutta dismissing a petition to quash criminal proceedings under Sections 420, 406, and 120B o...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

High Court

High Court of Karnataka Dismisses Revision Petition in Domestic Violence Case — Jurisdiction of Magistrate Upheld. The court held that the V ACMM, Traffic Court, Bangalore had jurisdiction to entertain a petition under the Protection of Women from Domestic Violence Act, 2005, as the respondent-wife resided within its territorial limits.

20 Sep 2019

The case involves a criminal revision petition filed by K.C. Vijayakumara and K.C. Basavaraj (petitioners) against Smt. S. Geetha (respondent). The pe...

High Court

Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Dismissal of Revision Application on Jurisdictional Grounds — Held That Revision Application Cannot Be Dismissed in Limine on Point of Jurisdiction Without Hearing on Merits.

31 Jul 2019

The petitioners filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 11.7.2019 passed by the Additional Sessions Jud...

High Court

Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

10 Jul 2019

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Eviction in SARFAESI Proceedings — Tenancy Agreement Found Not Genuine and Not Binding on Bank. The court upheld the Chief Metropolitan Magistrate's order allowing the bank to take possession of secured assets under Rule 107(11)(vi)(a) of the Maharashtra Co-operative Societies Rules, 1961, as the tenant failed to prove a bonafide tenancy prior to the mortgage.

22 Feb 2018

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of a property attached by Maratha Sahkari Bank Ltd., filed an intervention application (Exh...

High Court

High Court Directs Magistrate to Expeditiously Dispose Section 14 SARFAESI Application for Possession of Secured Asset. Financial Institution's Right to Take Possession of Mortgaged Property Upheld; Magistrate Directed to Pass Orders Within Two Weeks.

3 Sep 2015

The petitioner, L & T Housing Finance Ltd., a financial institution registered under the National Housing Bank Act, 1987, and as a Securitization and ...

High Court

High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

29 Jan 2014

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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