Search Results for "statutory deposit"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "statutory deposit"

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High Court

High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails.

5 Oct 2018

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recov...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Dispute Over Rent Deposit Compliance Under Bombay Rents Act. Tenant's deposit of arrears in standard rent proceedings before first hearing of eviction suit held sufficient compliance with Section 12(3)(b) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

22 Dec 2022

The petitioner, Laxman s/o Ghulji Upadhye, was a tenant in a block of Municipal House No.1439 at Bhusawal, Jalgaon. Respondent Nos.1 to 3 were the lan...

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...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Section 21 Not Applicable at Condonation Stage. The court ruled that the pre-deposit requirement under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 applies only at the stage of entertainment of appeal, not at the stage of considering an application for condonation of delay.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 of the Debt Recovery Appellate Tribunal (DRAT), Mum...

High Court

Bombay High Court Allows Withdrawal of Appeal and Release of Deposited Amount in Insolvency Case — Moratorium Under Section 14 IBC Bars Enforcement Against Corporate Debtor's Assets. The cash deposit made by the corporate debtor in court is an asset belonging to the corporate debtor, and the resolution professional is entitled to its release for the resolution process.

13 Nov 2024

The Bombay High Court allowed an application filed by the Resolution Professional of Siti Networks Ltd. (corporate debtor) seeking withdrawal of Appea...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

High Court of Karnataka Quashes 75% Deposit Condition in Arbitration Award Stay — Section 36(2) of Arbitration Act Does Not Mandate Pre-Deposit. Court holds that Section 36(2) of the Arbitration and Conciliation Act, 1996 does not impose a mandatory pre-deposit condition for stay of an arbitral award, and the trial court erred in imposing 75% deposit without considering the petitioner's financial hardship.

7 Aug 2025

The petitioner, ITI Limited, challenged an order dated 19.04.2025 passed by the LXXXIII Addl. City Civil and Sessions Judge (Commercial Court), Bengal...

High Court

Bombay High Court Upholds Constitutional Validity of Section 129E Customs Act, 1962 Mandating Predeposit for Appeals. Challenge to Order-in-Original Dismissed as No Hearing Opportunity Was Denied.

19 Jun 2017

The petitioners, partners of M/s Bright International, challenged the constitutional validity of Section 129E of the Customs Act, 1962, as amended by ...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Deposit of Arbitral Award Amount Pending Challenge. Section 9 of the Arbitration and Conciliation Act, 1996 does not empower the court to order deposit of the award amount; it only allows interim measures of protection in respect of the subject matter of the arbitration agreement.

4 Sep 2013

The petitioner, M/s. AFCONS Infrastructure Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking directions aga...

High Court

Bombay High Court Quashes Condition of Pre-deposit in NI Act Appeal — Suspension of Sentence Cannot Be Burdened with Onerous Condition of Depositing 50% Compensation. The court held that the appellate court's condition requiring deposit of 50% compensation while suspending sentence under Section 389 CrPC is contrary to law and set aside the condition.

6 Sep 2013

The petitioner, Suresh Hiralal Barwal, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the learned Magistrate and sentence...

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