Search Results for "secured asset"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

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High Court

Bombay High Court Upholds De-freezing of Bank Accounts with Bank Guarantee Condition in Cheating Case. Court holds that Section 102 CrPC freezing cannot be indefinite and must be balanced against right to carry on business, directing furnishing of bank guarantee for de-freezing.

7 May 2026

The case involves two applications under Section 482 of the Code of Criminal Procedure, 1973. The first application (APL No.191 of 2024) is filed by t...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

High Court

Bombay High Court Quashes Reassessment Proceedings Against Company Resolved Under IBC — Clean Slate Principle Applies to Past Tax Claims. Section 31 of IBC binds tax authorities, and no reassessment can be initiated for pre-resolution period.

28 Aug 2024

The petitioners, Uttam Galva Metallics Ltd. (the corporate debtor) and its director, challenged reassessment proceedings initiated by the Income Tax D...

Supreme Court

Supreme Court Dismisses Bank's Appeal in SARFAESI Act Case Due to Procedural Non-Compliance. The court found that the appellant bank failed to adhere to the requirements under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, despite the respondent's loan default and non-payment of a one-time settlement.

22 Jan 2024

The dispute arose from a loan transaction in 1996, where the respondent, a sole proprietor of a firearms business, borrowed Rs. 2,00,000 from the appe...

Tribunals

National Company Law Appellate Tribunal Allows Appeal by Suspended Director in Insolvency Case — Section 9 Application Admitted Without Proper Notice Under Section 8 of IBC. The Adjudicating Authority Failed to Consider That the Operational Creditor Had Not Provided Correct Address for Service of Demand Notice, Rendering the Admission Order Unsustainable.

19 Jan 2024

The appeal was filed by Sashi Kanta Jha, a suspended director of the corporate debtor, M/s Juggilal Kamlapat Jute Mills Company Limited (now Geo Jute ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

27 Sep 2016

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Allows Wife's Application to Sell Matrimonial Home and Directs Husband to Pay EMIs in Family Court Dispute. The court held that the husband is liable to pay EMIs as maintenance and the wife may sell the property with court supervision to protect the matrimonial home from bank action under the Securitisation Act.

20 Mar 2013

The writ petition arose from an order of the Family Court No.7, Mumbai dated 23rd August 2011, which rejected the wife's application for direction to ...

High Court

Bombay High Court Directs Official Liquidator to Hand Over Possession and Pay Arrears of Rent and Taxes to Lessor in Company Liquidation. Lease Renewal Option Not Exercised, Lease Terminated, Official Liquidator Liable as Tenant at Will.

27 Aug 2010

The Applicant, M/s. Hardcastle Waud Manufacturing Company Limited, is the owner of a large portion of land at Netivali Baug, Kalyan, out of which a po...

High Court

High Court of Bombay at Goa Allows Tax Appeals of Assessee in Income Tax Matters — Disallowance of Expenditure on Technical Know-How and Interest on Delayed Payment of Sales Tax Set Aside. The court held that technical know-how fees for improvement of existing process is revenue expenditure and interest on delayed sales tax is compensatory, both allowable under Section 37(1) of the Income Tax Act, 1961.

30 Nov -0001

The judgment pertains to a batch of tax appeals filed by Goa Carbon Ltd. against orders of the Income Tax Appellate Tribunal (ITAT) for various assess...

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