Search Results for "Precedence"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Upholds High Court's Determination that Non-Signatory to MoS Not B...

Search Results for "Precedence"

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High Court

High Court Allows Writ Petitions Filed by Secured Creditor and Auction Purchasers, Quashing Attachment Orders of State Tax Authorities. Priority of Secured Creditor Under Section 26E of SARFAESI Act Held to Override ‘First Charge’ and Non-Obstante Clauses in the Maharashtra Goods and Services Tax Act, 2017.

13 Jul 2026

The High Court of Judicature at Bombay allowed a batch of six writ petitions filed by a secured creditor and auction purchasers, quashing various atta...

Tribunals

National Company Law Appellate Tribunal at Chennai hears appeals against NCLT orders rejecting a minority shareholder's Scheme of Arrangement and confirming the sale of the corporate debtor as a going concern. The appellant challenged the concurrent running of the liquidation sale process and scheme consideration, contending that Section 230 of the Companies Act, 2013 takes precedence over the IBBI (Liquidation Process) Regulations, 2016.

19 May 2026

The appeals arose from the liquidation of Kamachi Industries Limited (Corporate Debtor), which was admitted into Corporate Insolvency Resolution Proce...

High Court

High Court of Karnataka Allows Petition for Appointment of Arbitrator Under Arbitration and Conciliation Act, 1996, Rejecting MSMED Act Jurisdiction Bar. The court held that Section 18(4) of the Micro, Small and Medium Enterprises Development Act, 2006 does not bar a Section 11 application unless a reference is made to the Facilitation Council, and appointed an arbitrator as per the arbitration clause in the agreement.

9 Feb 2026

The dispute arose from a 'Bizom Customer Agreement' dated 21.02.2023 between the petitioner and respondent, containing an arbitration clause (clause 1...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

High Court

Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

21 Mar 2024

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

High Court

Bombay High Court Quashes Sales Tax Attachment Over Bank's Secured Assets Under SARFAESI Act — Priority of Secured Creditor Upheld. Section 26E of SARFAESI Act gives priority to secured creditors over crown debts, and attachment by sales tax authorities cannot defeat the bank's security interest.

22 Jan 2024

The petitioner, Union Bank of India, filed a writ petition under Article 226 of the Constitution of India seeking to quash an attachment order dated 2...

High Court

Bombay High Court Hears Writ Petition Under Article 227 Against Revisional Order Upholding Eviction Under Maharashtra Rent Control Act. Licensee Company Challenges Jurisdiction, Arguing Non-Applicability of Act Due to Paid-Up Capital Exceeding Rs. 1 Crore Under Section 3(1)(b).

5 Jul 2023

Background: The matter involves a dispute between licensors (owners of a flat in Galaxy Apartments, Bandra) and a licensee company (petitioner no. 1) ...

Supreme Court

Supreme Court Grants Interim Relief in Public Interest Litigation to Protect Endangered Birds from Power Line Collisions. The court directed undergrounding of power lines where feasible and installation of bird divertors, emphasizing the State's duty under Article 21 of the Constitution and ecocentric principles to prevent extinction of the Great Indian Bustard and Lesser Florican.

19 Apr 2021

The judgment arose from a public interest writ petition filed by environmentalists seeking to protect the Great Indian Bustard and Lesser Florican, tw...

Supreme Court

Supreme Court Allows Appeal of Convict in Gangrape Case on Ground of Juvenility — Inquiry Report Shows Appellant Was Below 18 Years at Time of Offence. Juvenile Justice Act, 2000 Benefit Extended as High Court Failed to Conduct Mandatory Age Determination Inquiry Under Section 7A and Rule 12.

22 Feb 2019

The Supreme Court allowed the appeal of Raju, who was convicted under Section 376(2)(g) of the Indian Penal Code for gangrape and sentenced to 10 year...

High Court

Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

30 Nov -0001

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

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