Search Results for "capital reconstruction"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "capital reconstruction"

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High Court

Bombay High Court Dismisses Writ of Prohibition Against Securitization Application Under Section 14 of SARFAESI Act — Petitioner Failed to Establish Lack of Jurisdiction as Respondent Was a Secured Creditor Under Section 2(1)(zd) of the Act. The court held that the challenge to the maintainability of the application under Section 14 was premature and that the petitioner could raise all contentions before the Chief Metropolitan Magistrate.

21 Feb 2025

The petitioner, M/s. Pyramid Developers, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Articles 22...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator Despite SARFAESI and RDDB Act Objections — Arbitration Agreement in Sanction Letter Held Enforceable and Not Barred by Statutory Remedies. The court held that Section 34 of the SARFAESI Act and Section 18 of the RDDB Act do not bar arbitration proceedings, and the applicant's claim under the Sanction Letter dated 19th August 2019 is arbitrable.

15 Oct 2024

The applicant, Tata Capital Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arb...

High Court

Bombay High Court Allows Appeal Against Company Law Board Order — Transfer of Shares After BIFR Recommendation Void Under Section 536(2) Companies Act, 1956. Winding Up Deemed to Commence from Date of BIFR Recommendation Under Section 441(2) Companies Act, 1956.

4 Oct 2024

The appellants, Maharashtra Antibiotics and Pharmaceuticals Ltd. (MAPL) and Hindustan Antibiotics Ltd., challenged an order of the Company Law Board (...

High Court

High Court of Karnataka Dismisses Petitions Challenging BBMP Property Tax Reassessment. Court upholds BBMP's power to revise property tax under Section 108A of the Karnataka Municipal Corporations Act, 1976, holding that the capital value method is valid and that reassessment does not require prior notice if done in accordance with law.

11 Dec 2023

The judgment involves multiple writ petitions filed by property owners in Bengaluru challenging the reassessment of property tax by the Bruhath Bengal...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Allows Appeal in Foreign Trade Act Penalty Case — Non-fulfilment of Export Obligation Not a Contravention Under Section 11(2) of FT Act. Penalty imposed under Section 11(2) for failure to fulfil export obligation under an EPCG licence is illegal as the provision applies only to making or abetting export or import in contravention of the Act, rules, or policy.

15 Jan 2020

The appellant, formerly Emmellen Biotech Pharmaceuticals Limited, amalgamated with Karnataka Malladi Biotics Limited (Karnataka Biotics) in 2009. Karn...

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 Upholds Pre-deposit Condition for Appeal Under Section 406(2)(e) of Maharashtra Municipal Corporation Act, 1949 — Condition Not Arbitrary or Unreasonable. The provision requiring deposit of disputed tax as precondition for appeal is valid and does not violate Article 14 of the Constitution.

16 Jan 2014

The petitioner, Walchandnagar Industries Limited, challenged the constitutional validity of Section 406(2)(e) of the Bombay Provincial Municipal Corpo...

High Court

Bombay High Court Allows Writ Petition by Bank Challenging Revenue Recovery Certificate for Land Revenue. Secured Creditor's Mortgage Prevails Over State's Claim for Arrears of Land Revenue Under Maharashtra Land Revenue Code, 1966.

5 Jul 2010

The petitioner, Union Bank of India, a body corporate under the Banking Companies (Acquisition & Transfer of Undertakings) Act V of 1970, filed a writ...

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