Search Results for "Security Interest (Enforcement) Rules"

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Search Results for "Security Interest (Enforcement) Rules"

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Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

Tribunals

NCLAT Allows Appeal of Financial Creditor Against Classification as Unsecured Creditor in Liquidation Proceedings. The Tribunal remanded the matter for fresh consideration of whether the creditor's claim based on bill discounting facilities should be treated as secured or unsecured under the Insolvency and Bankruptcy Code, 2016.

3 Jul 2025

The appeal was filed by Bizloan Private Limited, a financial creditor, against the order of the National Company Law Tribunal, Mumbai Bench, dated 19....

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

Supreme Court

Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

10 Jan 2023

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

Supreme Court

Supreme Court Upholds Expulsion of Trading Member for Violating Gross Exposure Limits and Failing to Maintain Capital Adequacy. Securities Contracts (Regulation) Act, 1956 - Section 22F - Appeal against Securities Appellate Tribunal order upholding expulsion from National Stock Exchange membership.

20 Nov 2020

The appellant, Rusoday Securities Ltd., was a trading member of the National Stock Exchange of India Ltd. (NSE) since November 1994 and gave an undert...

High Court

Bombay High Court Allows Appeal in Admiralty Suit — Vessel Arrest Set Aside for Lack of Same Beneficial Ownership. The court held that the arrest of a vessel under admiralty jurisdiction requires proof that the vessel is in the same beneficial ownership as the charterer liable for the claim, and mere common control or management is insufficient.

9 Dec 2019

The case involves a commercial appeal filed by Rainbow Ace Shipping S.A. Panama, the registered owner of the vessel M.V. Rainbow Ace, against an order...

Supreme Court

Supreme Court Allows Secured Creditor's Winding Up Petition Despite DRT Decree — Recovery of Debts Act Does Not Bar Winding Up Proceedings Under Companies Act. Secured Creditor Need Not Relinquish Security Before Admission of Winding Up Petition; Election Arises Only After Winding Up Order Under Section 529 Companies Act, 1956.

29 Jan 2019

The case involves the right of a secured creditor, Kotak Mahindra Bank Ltd., to file a winding up petition under the Companies Act, 1956, after having...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

Supreme Court

Supreme Court Examines Appeals Concerning Kudankulam Nuclear Power Plant, Addressing Safety and Regulatory Measures Under Atomic Energy Act, 1962. The Court Deliberates on Balancing National Energy Policy with Public Apprehensions Stemming from Past Nuclear Incidents.

1 Jan 1970

The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging th...

Supreme Court

Supreme Court Adjudicates Claim of Transgender Teacher Alleging Discrimination and Termination from Two Private Schools under the Transgender Persons (Protection of Rights) Act, 2019. Court Emphasizes Necessity of Effective Implementation of Statutory Protections and Equality for the Transgender Community.

1 Jan 1970

The Supreme Court of India, in a writ petition filed under Article 32 of the Constitution, examined the pervasive discrimination faced by transgender ...

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