Search Results for "Section 93(5)"

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

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Bombay High Court Dismisses Petition Challenging Refusal to Impound Agreement of Sale in Specific Performance Suit. Notarised Agreement of Sale Not an Instrument Chargeable with Stamp Duty Under Maharashtra Stamp Act, 1958.

The petitioners (defendants in the suit) challenged a common order dated 22/8/2019 passed by the learned Senior Civil Judge at Pune in Special Suit No...

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Bombay High Court Allows Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Caste-Based Insult. Court held that absence of specific allegation of caste-based humiliation in public view makes Section 18 bar inapplicable, granting relief under Section 14-A(2) of SC/ST Act, 1989.

The appellants, seven individuals, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Dismisses Petition Challenging Property Tax Pre-Deposit Condition for Appeal Entertainment Under Mumbai Municipal Corporation Act. Pre-deposit under Section 217(2)(d) is mandatory for entertaining appeal, and interim relief cannot be granted without compliance.

The petitioners, Fleet Fastners Private Limited and another, challenged two orders: (1) an order dated 13 July 2011 by the Municipal Corporation of Gr...

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Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation for Severance of Property Not Payable Under Section 23(1) of Land Acquisition Act, 1894. Court holds that cost of constructing a culvert to connect severed portions is not a separate head of compensation under the Act.

The case involves an appeal by the Executive Engineer and Special Land Acquisition Officer against the judgment of the Reference Court dated 6/01/2005...