Search Results for "Provincial Insolvency Act, 1920"

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Search Results for "Provincial Insolvency Act, 1920"

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High Court

High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Payment of Provident Fund Dues from Bank Sale Proceeds. Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 creates a first charge over assets of the establishment, overriding the claims of a secured creditor under the SARFAESI Act.

16 Jun 2026

The petitioner, the Regional Provident Fund Commissioner-I, Employees' Provident Fund Organisation, filed a writ petition under Articles 226 and 227 o...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute Over Appointment of Receiver. Court sets aside order appointing receiver for partnership firm M/s Sea Line Trading, holding that the trial court failed to consider the balance of convenience and the fact that the appellant was a partner in possession of the firm's assets.

8 Apr 2026

The case involves a commercial appeal filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Order 41 Rule 1 of the CPC, challenging ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in Specific Performance Suit — Partnership Bar Under Section 69 Not Attracted Where Partner's Name Entered in Register of Firms with Retrospective Effect. The court held that a belated entry of a partner's name in the Register of Firms with retrospective effect from a date prior to the suit cures any defect regarding the partner's status, and the plaint cannot be rejected under Order VII Rule 11 CPC.

19 Sep 2024

The case arises from a Civil Revision Application filed by the defendant (applicant) against an order of the 3rd Civil Judge, Senior Division, Dhule, ...

High Court

High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

25 Nov 2022

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

High Court

Bombay High Court Dismisses State's Appeals in Liquidation Priority Dispute — Official Liquidator's Statutory Lien Under Section 529A of Companies Act Prevails Over State's Claim Under MPID Act. The court held that the Companies Act, 1956, being a special statute for winding up, overrides the MPID Act, 1999, and the Official Liquidator's lien for workmen and secured creditors is paramount.

25 Aug 2022

The case involves two appeals filed by the State of Maharashtra against orders of the Company Court dated 9th June 2017, which rejected the State's cl...

High Court

Bombay High Court Dismisses Petition Challenging Concurrent Orders in Suit Under Section 33 of Maharashtra Rent Control Act, 1999 — Petitioner Failed to Show Any Error in Findings of Courts Below.

6 Jun 2022

The petitioner, M/s Columbia Hospital & Research Centre Pvt. Ltd., was the original defendant No.9 in a suit filed by respondent No.1, M/s Maharashtra...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

25 Aug 2020

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

High Court

Bombay High Court Dismisses PIL Challenging Definition of Loan Under Maharashtra Money-Lending Act. Classification Between Interest-Free Advances and Loans at Interest Held Not Arbitrary Under Article 14.

11 Dec 2019

The petitioner, Fauzan Shaikh, filed a Public Interest Litigation before the Bombay High Court challenging the constitutional validity of clauses (j) ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Section 9 Application for Unregistered Partnership Firm. Section 69(3) of the Partnership Act, 1932 Bars Interim Relief Under Arbitration and Conciliation Act, 1996 for Unregistered Firm.

15 Dec 2006

The appellant, Masood Mohmmed Husain, filed an appeal against the rejection of his application under Section 9 of the Arbitration and Conciliation Act...

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