Search Results for "Coercive Recovery"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Coercive Recovery"

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High Court

Bombay High Court Quashes ITAT's Interim Refund Order in Pending Appeal — Tribunal Cannot Direct Refund Without Adjudicating Merits Under Income Tax Act, 1961. The court held that the Income Tax Appellate Tribunal lacks jurisdiction to grant interim relief without hearing the main appeal, as it would render the appeal infructuous and cause prejudice to the revenue.

4 Feb 2014

The Director of Income Tax (Exemption), Mumbai, filed a writ petition challenging an order dated 25 November 2013 passed by the Income Tax Appellate T...

Supreme Court

Supreme Court Dismisses Operational Creditor's Appeal in Insolvency Case Due to Limitation and Pre-existing Dispute. Application Under Section 9 of Insolvency and Bankruptcy Code, 2016 Barred as Cause of Action Accrued in 2011-2012 and Dispute Over Gas Supply Existed, Excluding Suspension Period Under Sick Industrial Companies (Special Provisions) Act, 1985 Not Applicable.

4 Jan 2023

The appeal arose from the dismissal of an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 by the National Company Law Tribunal...

High Court

Bombay High Court Allows Writ Petition Challenging Recovery Proceedings Under Industrial Disputes Act — Mamlatdar Cannot Execute Recovery Without Proper Adjudication of Individual Entitlement. The court held that Section 33C(1) of the Industrial Disputes Act, 1947 is a mere recovery provision and does not confer power to adjudicate disputes regarding entitlement of workmen.

30 Dec 2020

The petitioner, Chowgule Industries Private Ltd., filed a writ petition before the Bombay High Court at Goa challenging recovery proceedings initiated...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

Bombay High Court Dismisses Petition of Kerosene Dealers' Association Challenging Inclusion of VAT in Ceiling Price. State's Power to Fix Maximum Price Including Taxes Upheld Under Essential Commodities Act, 1955.

10 Sep 2015

The petitioners, Mumbai Kerosene Dealers' Association and its members, who are wholesale kerosene dealers holding licences under the Maharashtra Keros...

High Court

Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

18 Jan 2017

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

High Court

Karnataka High Court Allows Writ Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The court held that disputes regarding management of a company are not maintainable under writ jurisdiction and must be raised before the Company Law Board under the Companies Act, 2013.

13 Jul 2021

The case involves two writ appeals filed by individuals against an order of a Single Judge of the Karnataka High Court in a writ petition filed by M/s...

High Court

Karnataka High Court Allows Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The Court held that the writ petition was maintainable but the interim relief of defreezing accounts was not justified as there was a prima facie case of mismanagement and balance of convenience favored maintaining status quo.

13 Jul 2021

The case involves two writ appeals filed by Mr. Manne Guru Prasad and Shri Ramappa against an order dated 06.04.2021 passed by a learned Single Judge ...

High Court

Bombay High Court Quashes Recovery Proceedings Against Legal Heir for Company's Central Excise Dues Without Proper Adjudication. Personal Liability Cannot Be Imposed on Legal Representative Without Determining Liability Under Section 11 of Central Excise Act, 1944.

13 Feb 2012

The petitioner, Vandana Bidyut Chaterjee, filed a writ petition under Article 226 of the Constitution of India challenging various notices and communi...

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