Search Results for "Section 3(1)(b)"

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute — Tenant Ordered to Vacate After Expiry of 30-Year Lease. The court upheld the decree for possession based on valid wills and the terms of the registered Kabulayat, rejecting the tenant's challenge to the landlord's title.

The case involves a second appeal before the Bombay High Court arising from a suit for possession of a house and appurtenant land. The suit property w...