Search Results for "Section 26E"

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Search Results for "Section 26E"

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High Court

Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam Case — Appellant Failed to Prove Legitimate Source of Funds. Section 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (MPID Act) applied to attach property purchased with proceeds of crime.

22 Jul 2026

The appellant, Seema Sharma, filed a criminal appeal against the order of the Special Court under the MPID Act, which confirmed the attachment of her ...

High Court

Bombay High Court Allows Writ Petitions Challenging GST Detention Orders for Lack of Proper Adjudication. Detention orders under Section 129 of the Maharashtra Goods and Services Tax Act, 2017 quashed for violating natural justice as no opportunity of hearing was given and orders were unreasoned.

27 Jan 2026

The petitioner, Bharat Co Operative Bank Mumbai Ltd, filed two writ petitions challenging detention orders passed by the Deputy Commissioner of State ...

High Court

Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

21 Mar 2024

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

High Court

Bombay High Court Allows Petition Challenging Election Process of Housing Society for Violation of Bye-Laws and Cooperative Societies Act. Appointment of Returning Officer by Managing Committee held invalid as Bye-Law No. 49 vests such power in the General Body under Section 73B of the Maharashtra Cooperative Societies Act, 1960.

15 Mar 2024

The petitioners, eleven members of The Ashwamedh C.H.S. Ltd., a cooperative housing society, along with the society itself, filed a writ petition chal...

Supreme Court

Supreme Court Allows State Appeals in Property Mutation and Sales Tax Recovery Case — High Court's Direction to Delete Adverse Entries and Mutate Property Set Aside. The Court held that the High Court exceeded its writ jurisdiction by directing mutation without considering the State's statutory charge under the Himachal Pradesh Value Added Tax Act, 2005.

28 Apr 2023

The Supreme Court heard two sets of civil appeals filed by the State of Himachal Pradesh and its officers against a judgment of the Himachal Pradesh H...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

High Court

High Court of Karnataka Dismisses Appeal Against SARFAESI Proceedings — Writ Petition Not Maintainable Against Section 14 Order Without Exhausting Alternative Remedy Under Section 17. The Court held that an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not amenable to writ jurisdiction under Article 226 of the Constitution of India when an efficacious alternative remedy is available under Section 17 of the Act.

30 Nov 2021

The appellant, Sri Abdul Khader, filed a writ petition before the High Court of Karnataka challenging an order dated 05.12.2019 passed by the authorit...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Allows State Bank of India's Appeal Against MPID Act Attachment Order — Bank's Claim Over Property Prevails as Mortgage Was Prior to Default. Secured Creditor's Priority Under Section 31B of RDDBFI Act and Section 26E of SARFAESI Act Overrides MPID Act Attachment.

30 Nov -0001

The case involves an appeal by State Bank of India (SBI) against an order of the Special Court under the Maharashtra Protection of Interest of Deposit...

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