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Search Results for "bank account attachment"

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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

Bombay High Court Allows Former CEO's Suit for Specific Performance of Early Retirement Agreement Against ICICI Bank. Court holds that once ICICI Bank accepted Mrs. Kochhar's early retirement, it could not unilaterally treat her services as terminated for cause, and that the clawback of bonuses and ESOPs was impermissible.

10 Nov 2022

The dispute arises from the employment relationship between Mrs. Chanda Kochhar, former Managing Director and CEO of ICICI Bank Ltd., and the bank. Mr...

Supreme Court

Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

9 Aug 2019

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

High Court

Bombay High Court Allows Defreezing of Bank Accounts in Cheque-Bouncing Case — No Prima Facie Case for Freezing Under Section 102 CrPC. Court held that freezing of accounts under Section 102 CrPC is not permissible for investigation of cheque-bouncing offences under Section 138 of the Negotiable Instruments Act, 1881, as the offence is non-cognizable and the bank is not a third party.

30 Jul 2019

The petitioners, Manish Khandelwal, Sunil Khandelwal, and B.M. Financial Services (I) Pvt. Ltd., filed a Criminal Writ Petition before the Bombay High...

High Court

Bombay High Court Quashes Provisional Attachment and Orders Stay of Recovery in Income Tax Case — Violation of Natural Justice and Non-Compliance with CBDT Circular. The Assessing Officer's failure to record reasons and provide hearing under Section 281B, and ignoring CBDT Circular on stay of demand, led to setting aside of attachment and recovery proceedings.

26 Mar 2019

The Petitioner, Milestone Real Estate Fund, a trust, challenged the provisional attachment order dated 18.12.2018 under Section 281B of the Income Tax...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

Bombay High Court Quashes Sales Tax Attachment on Property Purchased in SARFAESI Auction — Priority of Secured Creditor Over Crown Debt. Attachment order set aside as property was sold by secured creditor under SARFAESI Act before attachment, and sales tax dues do not have priority over secured creditor's rights under Section 26E of SARFAESI Act.

16 Oct 2015

The petitioners, Sherwood Resorts Pvt. Ltd. and its shareholder, challenged an attachment order dated 29th April 2013 passed by the Sales Tax Officer ...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

30 Apr 2012

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

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