Search Results for "earnest money deposit"

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Supreme Court

Supreme Court Allows Official Liquidator's Appeal in Property Tax Dispute — Municipal Corporation Cannot Claim Taxes After Winding Up Order Without Prior Adjudication. Held that property tax and water tax claims against company in liquidation are not 'taxes due' under Section 530(1)(a) of Companies Act, 1956 unless assessed and quantified before winding up.

4 May 2023

The case involves an appeal by the Official Liquidator of IISCO Ujjain Pipe and Foundry Company Limited (in liquidation) against a judgment of the Cal...

Supreme Court

Supreme Court Dismisses Appeal in Sick Industrial Companies Act Case Due to Non-Compliance with Statutory Auction Requirements. Auction Held Invalid as Reserve Price Not Notified in Auction Notice Under Section 21(c) of Sick Industrial Companies (Special Provisions) Act, 1985, and Procedural Fairness Lacking.

27 Apr 2023

The appeal concerned the validity of an auction conducted by Industrial Development Bank of India (IDBI) as the Operating Agency for the sale of asset...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

10 Apr 2023

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

Supreme Court

Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

2 Mar 2023

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

Supreme Court

Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

5 Jan 2023

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

Supreme Court

Supreme Court Upholds High Court's Direction for Tender Process in Government Procurement Under National AYUSH Mission. The court held that paragraph 4(vi)(b) of the Operational Guidelines requires a transparent tendering process among eligible establishments, including IMPCL, Public Sector Undertakings, state government pharmacies, and cooperatives, to ensure competition and quality in the procurement of Ayurvedic medicines.

3 Jan 2023

The dispute arose from a petition filed by Kerala Ayurvedic Co-operative Society Limited before the Lucknow Bench of the High Court of Judicature at A...

Supreme Court

Supreme Court Allows Appeals by Airport Authority in Tender Dispute, Reinstating Eligibility Criteria for Ground Handling Services. The Court Held That Tender Conditions Fall Within Commercial Wisdom of Authority and Are Not Arbitrary, and an NGO Lacks Locus Standi to Challenge Them Under Article 226 of the Constitution of India.

30 Sep 2022

The dispute arose from a writ petition filed by the Centre for Aviation Policy, Safety & Research (CAPSR) challenging the eligibility criteria in Requ...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Quashes High Court Order in Recovery Proceedings for Exceeding Jurisdiction. High Court Disposed of Writ Petition Challenging Interim Relief Denial by DRAT, Thereby Making Pending Appeal Infructuous Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

16 Feb 2022

The dispute originated from recovery proceedings initiated by Corporation Bank (later merged with Union Bank of India) under Recovery Certificate No.6...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

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