Search Results for "residuary provision"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "residuary provision"

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Supreme Court

Supreme Court Allows Appeals by State Bank of India in Jet Airways Insolvency Case — Holds Performance Bank Guarantee Cannot Be Adjusted Against Resolution Plan Payment and Non-Implementation Leads to Liquidation. The Court ruled that the SRA's failure to pay airport dues and employee dues constituted non-implementation of the Resolution Plan under Section 33(3) IBC, 2016, and the PBG cannot be set off against the first tranche payment.

13 Nov 2024

The case pertains to the Corporate Insolvency Resolution Process (CIRP) of Jet Airways (India) Limited, initiated by State Bank of India (SBI) under S...

High Court

Bombay High Court Allows Amendment of Plaint to Implead New Developer in Redevelopment Dispute — Plaintiff's Rights Under Debenture Trust Deed Require Complete Adjudication. The court held that the proposed amendment was necessary for complete and effectual adjudication and did not change the nature of the suit or introduce a new cause of action.

3 Sep 2024

The plaintiff, Edelweiss Asset Reconstruction Company Limited, filed a commercial suit against Meeti Developers Private Limited (defendant No.1) and o...

High Court

High Court of Karnataka heard multiple writ petitions challenging the reservation of wards in various urban local bodies for upcoming elections. The petitions, filed under Articles 226 and 227 of the Constitution, sought quashing of notifications issued by the State Government.

14 Jan 2019

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Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Adjudicated Arbitration Petition Under Section 34 of the Arbitration and Conciliation Act, 1996 Challenging Arbitral Award in Lease Finance Dispute. The Award Held Lessee Liable for Tax Demands Arising from Disallowance of Depreciation Under Income Tax Act, 1961.

9 Jan 2015

The matter pertains to an arbitration petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicatur...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Due to Limitation Bar — Winding Up Petition Filed Beyond Three Years from Default Date Cannot Be Revived Under IBC. The Court held that a time-barred winding up petition under the Companies Act, 1956 cannot be treated as a valid Section 7 application under the IBC, and the filing of a suit for specific performance does not extend limitation for a winding up petition.

25 Sep 2019

The Supreme Court considered appeals arising from the admission of a winding up petition under the Insolvency and Bankruptcy Code, 2016 (IBC). The pet...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Orders in Redevelopment Project Under DCR 33(7). Petitioners offered alternative accommodation on same land but challenged eviction notices; court held that once consent is given for redevelopment, eviction is lawful and challenge is not maintainable.

6 Feb 2015

The petitioners, Vijay Shantaram Mandavkar and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

Supreme Court

Supreme Court Allows Refund of Stamp Duty in Consumer Dispute, Overturns High Court's Limitation Bar. Stamp Duty Refund Application Not Barred by Six-Month Limitation Under Section 48(3) of Maharashtra Stamp Act, 1958 When Stamp Paper Purchased Bona Fide and Transaction Failed Due to Judicial Order from National Consumer Disputes Redressal Commission.

24 Sep 2021

The dispute originated from the appellant's booking of a residential apartment in Pune in 2014, where he paid stamp duty for an agreement to sell. A d...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958 — Petitioner Entitled to Refund Despite Delay in Application. The court held that the limitation period under Section 49 should be liberally construed to avoid unjust enrichment, and that the petitioner's delay in applying for refund was condonable as the transactions never materialized.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

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