Search Results for "Asset Recovery"

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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 Considers Seniority Entitlement of Ad Hoc Promotees Under Uttaranc...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...

Search Results for "Asset Recovery"

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High Court

Gujarat High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Deceased Was Driving Motorcycle When Hit by Truck; Court Applies Multiplier of 14 and Adds 25% Future Prospects. The Court held that the Tribunal erred in applying multiplier of 13 instead of 14 and in not adding future prospects, enhancing compensation from Rs.3,53,200/- to Rs.7,02,400/- under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The present appeal was filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 19...

Supreme Court

Supreme Court Dismisses Appeals by Appellants -- Upholds Committee of Creditors' Approval of Sarda Energy and Minerals Limited's Resolution Plan Under Insolvency and Bankruptcy Code, 2016 -- Doctrine of Commercial Wisdom Affirmed in Insolvency Resolution

27 Feb 2026

The Supreme Court upheld the approval of a Resolution Plan by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Ltd. un...

High Court

Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

28 Jan 2026

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

High Court

High Court Validates DRAT Order for Pre-Deposit Calculation in Secured Asset Auction Dispute. Pre-deposit determination upheld as per SARFAESI Act, focusing on "debt due" over auction value.

19 Dec 2024

The Bombay High Court upheld the DRAT's order mandating a pre-deposit based on "debt due" when the measures under Section 13(4) of the SARFAESI Act we...

Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

Supreme Court

Supreme Court Sets Aside High Court Orders in SARFAESI Act Recovery Case, Reiterates Limited Scope of Article 226 in Private Financial Disputes. The Court held that the High Court cannot entertain writ petitions challenging SARFAESI Act actions when an alternative remedy under Section 17 of the Act is available, and the interim arrangement by the Supreme Court did not confer jurisdiction to decide merits after DRT became functional.

17 Apr 2023

The case involves appeals by a lender bank against orders of the Kerala High Court that entertained writ petitions filed by borrowers (respondents) ch...

High Court

High Court of Bombay at Nagpur Bench Allows Bank's Petition, Holds Secured Creditor's Charge Prevails Over State's Statutory First Charge Under MVAT Act and Profession Tax Act. The court ruled that Section 26E of the SARFAESI Act, 2002 gives priority to the secured creditor over all other debts, including statutory dues of the State, and that the non-obstante clause in the SARFAESI Act overrides the provisions of the Maharashtra Value Added Tax Act, 2002 and the Profession Tax Act, 1975.

17 Dec 2021

The petitioner, Union Bank of India, had sanctioned cash credit and inland letter of credit facilities of Rs.10 crores to respondent No.4, M/s. Linkso...

Supreme Court

Supreme Court Upholds NCLAT Decision on Mandatory 75% Voting Share for Resolution Plan Approval Under I&B Code. Financial Creditors' Rejection of Resolution Plan for Kamineni Steel & Power India Pvt. Ltd. and Innoventive Industries Ltd. Leads to Liquidation as Plan Did Not Garner Required Majority.

6 Sep 2018

The Supreme Court of India heard appeals arising from a common judgment of the National Company Law Appellate Tribunal (NCLAT) dated 6 September 2018,...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

30 Nov -0001

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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