Search Results for "Kerala Act"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Kerala Act"

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High Court

Bombay High Court Dismisses State's Appeals in Liquidation Priority Dispute — Official Liquidator's Statutory Lien Under Section 529A of Companies Act Prevails Over State's Claim Under MPID Act. The court held that the Companies Act, 1956, being a special statute for winding up, overrides the MPID Act, 1999, and the Official Liquidator's lien for workmen and secured creditors is paramount.

25 Aug 2022

The case involves two appeals filed by the State of Maharashtra against orders of the Company Court dated 9th June 2017, which rejected the State's cl...

High Court

Bombay High Court Dismisses Wife's Application to Dismiss Husband's Appeal as Time-Barred in Matrimonial Dispute — Limitation Period for Appeal Under Hindu Marriage Act is 90 Days, Not 30 Days Under Family Courts Act. Section 28(4) of Hindu Marriage Act, 1955, being a special provision, prevails over Section 19(3) of Family Courts Act, 1984, and the appeal filed within 90 days is maintainable.

17 Dec 2014

The case involves a civil application filed by the wife (applicant) seeking dismissal of the husband's appeal on the ground of limitation. The parties...

High Court

High Court of Karnataka Dismisses Appeal Against Setting Aside of Arbitral Award in Hire Purchase Dispute — Arbitrator Exceeded Jurisdiction by Not Filing Award in Court as Required Under Section 14(2) of Arbitration Act, 1940. The court held that failure to file the award under Section 14(2) is a jurisdictional error and the award is liable to be set aside under Section 30 of the Act.

9 Feb 2024

The appellant, M/s. ICDS Ltd., a company incorporated under the Companies Act, 1956, filed a claim before an arbitrator against respondent No.1 (hirer...

Supreme Court

Supreme Court Allows Tenant's Appeal in Kerala Rent Control Case — High Court Exceeded Revisional Jurisdiction by Reappreciating Evidence. Landlord's Bonafide Requirement for Additional Accommodation Under Section 11(8) of Kerala Building (Lease and Rent Control) Act, 1965 Cannot Be Based on Vacant Rooms in Other Buildings.

1 Jan 2020

The case involves a tenant (appellant) occupying two shop rooms in a building owned by the landlord (respondent) in Kerala. The landlord filed evictio...

High Court

High Court of Bombay Determines Territorial Jurisdiction of Labour Courts Under MRTU Act for Employees Outside Maharashtra. The Court considers whether the principle that situs of employee determines jurisdiction (GlaxoSmithKline) is overruled by subsequent Supreme Court rulings.

3 Nov 2025

The High Court of Bombay heard a batch of matters, including Appeal No.585 of 2009 and several writ petitions, involving employees and trade unions fr...

Supreme Court

Supreme Court Quashes Mandamus Directing Acceptance of Basic Tax on Vested Forest Land - Kerala Land Tax Act, 1961 and Kerala Private Forests (Vesting and Assignment) Act, 1971. The Court held that writ of mandamus cannot be issued to establish rights over land vested with government under Section 3 of Kerala Private Forests (Vesting and Assignment) Act, 1971, where respondents' purchase certificates were cancelled and civil jurisdiction barred under Section 13.

19 Jan 2022

The dispute arose from conflicting claims over land in Naduvil village, Kerala, involving the Village Officer, Kannur District, and others as appellan...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

High Court

Karnataka High Court Dismisses Petitioner's Challenge to Stay of Criminal Proceedings under Negotiable Instruments Act, 1881—Held That Section 446 of the Companies Act, 1956 Requires Stay Unless Leave of Company Court is Obtained. Proceedings Against Ex-Managing Director in Personal Capacity May Continue Subject to Leave, But Stay Order Attained Finality; Trial Directed to Be Completed Within Six Months.

25 Jun 2024

The petitioner, M/s Rajesh Exports Limited, filed a writ petition under Articles 226 and 227 of the Constitution read with Section 482 Cr.P.C., challe...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

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...

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