Search Results for "Security Interest Enforcement"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Security Interest Enforcement"

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High Court

Bombay High Court Validates Pledge and Transfer of Shares by Company in Liquidation Under Section 536(2) of Companies Act, 1956 — Transaction Held to Be for Benefit of Company and Creditors. Post-petition pledge of shares as security for raw material supply and subsequent transfer validated as bona fide and in ordinary course of business.

22 Jul 2015

The judgment concerns an application filed by Garware Marine Industries Limited (the Applicant) seeking validation under Section 536(2) of the Compani...

High Court

Bombay High Court Allows Appeal Against Removal of Trustee in Charity Dispute — Conviction by Foreign Court Not Automatically 'Moral Turpitude' Under Maharashtra Public Trusts Act, 1950. Court holds that conviction by a foreign court does not ipso facto constitute an offence involving moral turpitude under Section 41D of the Act without proof of the nature of the offence.

5 Nov 2014

The case involves two appeals filed by Prabodh K. Mehta against an order of the City Civil Court dated 20 July 2013. The City Civil Court had dismisse...

High Court

High Court of Karnataka Hears Writ Petition Seeking Compensation for Illegal Handcuffing and Parading in a Bailable Offence. The Court Deliberates on Police Conduct and Fundamental Rights Under Article 21 in Context of Section 138 Negotiable Instruments Act, 1881.

10 Jun 2022

The petitioner, a law student, faced five criminal complaints under Section 138 of the Negotiable Instruments Act, 1881, arising from dishonoured cheq...

High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

Gujarat High Court Considers Challenge to Tender Disqualification for Insignificant Shortfall in Earnest Money Deposit. The court examined whether the rejection of a tender due to a minor shortfall in earnest money deposit violates the doctrine of substantial compliance, under Article 226 of the Constitution.

6 Mar 2026

The petitioner, a construction firm operating as Pooja Scrap Traders, filed a writ petition under Article 226 of the Constitution of India before the ...

High Court

Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

13 Dec 2019

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

Supreme Court

Supreme Court Allows Appeal in SARFAESI Act Case — Technical Defect in Demand Notice Not Fatal When No Prejudice Caused. The Court held that a mere inadvertent use of a different group company name on the demand notice does not invalidate proceedings under the SARFAESI Act if the borrower was not misled and no substantial prejudice was caused.

1 Jan 2020

The appeal arose from a dispute between M/s. L&T Housing Finance Limited (appellant) and M/s. Trishul Developers and another (respondents) concerning ...

High Court

Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Commercial Suit — Appellant Failed to Show Sufficient Cause for Non-Appearance. The court held that the appellant's failure to appear despite service and the lack of a valid explanation for the delay in filing the application to set aside the decree disentitled it to relief under Order IX Rule 13 of the Code of Civil Procedure, 1908.

27 Nov 2020

The appellant, BVM Finance Private Limited, was the original defendant No.1 in a commercial suit filed by the respondent No.1, Vistra ITCL (India) Ltd...

High Court

Bombay High Court Dismisses Plaintiffs' Interim Applications in Commercial Suit for Declaration and Injunction Against Bank's Auction of Secured Assets. Court holds that plaintiffs failed to establish a prima facie case for interim relief as the bank's possession and auction of secured assets under SARFAESI Act were valid and not vitiated by any fraud or collusion.

5 Jun 2023

The plaintiffs, Cheerful Trade and Realty Developers Pvt Ltd and Aristo Realty Developers Ltd, both non-banking financial companies, filed a commercia...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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