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High Court

High Court Allows Writ Petitions Filed by Secured Creditor and Auction Purchasers, Quashing Attachment Orders of State Tax Authorities. Priority of Secured Creditor Under Section 26E of SARFAESI Act Held to Override ‘First Charge’ and Non-Obstante Clauses in the Maharashtra Goods and Services Tax Act, 2017.

13 Jul 2026

The High Court of Judicature at Bombay allowed a batch of six writ petitions filed by a secured creditor and auction purchasers, quashing various atta...

High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

Supreme Court

Supreme Court Allows Official Liquidator's Appeal in Property Tax Dispute — Municipal Corporation Cannot Claim Taxes After Winding Up Order Without Prior Adjudication. Held that property tax and water tax claims against company in liquidation are not 'taxes due' under Section 530(1)(a) of Companies Act, 1956 unless assessed and quantified before winding up.

4 May 2023

The case involves an appeal by the Official Liquidator of IISCO Ujjain Pipe and Foundry Company Limited (in liquidation) against a judgment of the Cal...

High Court

Bombay High Court Hears Writ Petition Challenging Validity of Reopening Notice Under Section 148 of Income Tax Act for Assessment Year 2015-16. The Reopening Based on Alleged Escaped Income from Capital Reduction Transaction Is Contested on Grounds of Full Disclosure During Original Assessment.

8 Mar 2023

The petitioner, an investment holding company incorporated in Singapore and under creditors' voluntary liquidation, held shares in Lehman Brothers Cap...

Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

High Court

Bombay High Court Dismisses Borrower's Challenge to Sale Certificate and Award in Cooperative Bank Loan Recovery — Upholds Validity of Sale to Third Party Purchaser. The Court held that the sale certificate issued under the Maharashtra Cooperative Societies Act, 1960 cannot be challenged after a long delay and that the purchaser's title is protected.

8 Nov 2017

The petitioner, Mahesh Navelkar (since deceased, represented by legal heirs), was a borrower who took a loan of ₹9,500,000 from the Goa State Co-ope...

High Court

High Court of Karnataka Allows Revenue's Appeal in Income Tax Case — Section 54(1) Exemption Limited to One Residential House. The court held that the expression 'a residential house' in Section 54(1) of the Income Tax Act, 1961 means only one residential house, and thus the assessee is not entitled to exemption for purchase of two houses.

18 Dec 2013

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT) which had he...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case - Holding Period for Long-Term Capital Gains Determined by Section 2(42A) Explanation 1. Indexation Benefit Requires Asset Held for More Than 36 Months; Inherited Property's Holding Period Includes Previous Owner's Period.

5 Jul 2012

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) regarding the computation o...

High Court

Bombay High Court Upholds Revenue's View on Capital Gains Computation in Amalgamation Case. Assessee Not Entitled to Substitute Fair Market Value as on 1-1-1964 for Shares Acquired Under Sections 47 and 49 of Income Tax Act, 1961.

9 Aug 2005

The case pertains to a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, M/s. Madhura Coats Ltd., arising f...

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