Search Results for "reconstruction"

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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...

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High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Dismisses Appeal Against Winding Up Order in Securitisation Act Case — SICA Reference Barred by Amendment. The Court held that the amendment to Section 15 of SICA by the Securitisation Act bars a reference to BIFR where financial assets have been acquired by a securitisation company, and Section 22 of SICA does not apply to proceedings initiated by such a company.

20 Jul 2012

The appeal arose from an order of the learned Single Judge dated 21 October 2010 admitting a company petition for winding up and directing advertiseme...

High Court

High Court of Karnataka Dismisses Appeal by Asset Reconstruction Company Against Borrowers in SARFAESI Act Matter — Upholds Single Judge's Order Quashing Possession Notice Due to Non-Compliance with Section 13(2) and (3A). The Court Held That the Secured Creditor Must Strictly Adhere to the Statutory Procedure Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Before Taking Possession.

5 Jun 2024

The appellant, M/s. International Asset Reconstruction Company Limited, a secured creditor, issued a possession notice under the Securitisation and Re...

Supreme Court

Supreme Court Allows Appeal in Municipal Demolition Case — High Court Cannot Direct Reconstruction of Demolished Structure. The court held that the power to demolish illegal structures is vested in the municipal corporation and courts cannot direct reconstruction even if procedure was violated.

24 Oct 2019

The case involves appeals by the Municipal Corporation of Greater Mumbai against a High Court order directing reconstruction of a demolished structure...

High Court

Bombay High Court Allows Redevelopment of Co-operative Housing Society in CRZ-II Area Without Prior CRZ Clearance Under 2011 Notification — Stop Work Notice Quashed. The court held that para 8(iii) of the CRZ Notification 2011 permits redevelopment of existing authorized buildings in CRZ-II areas without prior CRZ clearance, and the stop work notice issued by MCZMA was invalid.

3 Sep 2014

The petitioner, Sea Green Co-operative Housing Society Ltd., is the lessee of land admeasuring approximately 1,672 sq. mtrs. in Worli, Mumbai, which f...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Clause 10(a) of Appendix III under DCR 33(7) for Redevelopment of Cessed Properties. The Court held that the requirement of 70% consent of occupants is a reasonable restriction and not violative of fundamental rights under Articles 14, 19(1)(g) and 300A of the Constitution.

20 Mar 2013

The petitioners, M/s. J. Gala Enterprises and its partner, purchased a property in 1992 comprising cessed and non-cessed structures with about 220 fam...

High Court

Bombay High Court Allows Official Liquidator to Take Possession of Factory Premises Despite Pending BIFR Reference Under SICA, 1985. Section 22 of SICA, 1985 does not bar winding up proceedings under Companies Act, 1956.

11 Aug 2016

The Official Liquidator filed a report seeking directions to direct the ex-director of M/s Lifeline Industries Ltd. (in liquidation) to deposit advert...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorized Reconstruction of Servant Quarters in Cantonment Area. Reconstruction Without Prior Sanction Under Section 238 of Cantonments Act, 2006 Constitutes Unauthorized Construction Justifying Demolition Under Section 248(1).

17 Jul 2014

The petitioner, an occupant of residential premises within the Pune Cantonment Board limits, obtained sanction for building plans on 6 May 2008 under ...

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 Conviction in Prevention of Corruption Act Case Due to Procedural Irregularities. Appellate Court's Decision Without Trial Court Records Violates Section 385 CrPC and Article 21 of Constitution, Requiring Fresh Consideration.

24 Apr 2023

The Supreme Court considered an appeal arising from a corruption conviction under the Prevention of Corruption Act, 1988. The appellant had been convi...

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