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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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Bombay High Court Hears Writ Petition Against Order of Debt Recovery Appellate Tribunal in Recovery Proceedings. The Case Involves Settlement and Auction of Property of Bradbury Mills Ltd., a Company in Liquidation, with Multiple Creditors and Guarantors.

The writ petition was filed by Everest Fincap Pvt. Ltd. challenging an order of the Debt Recovery Appellate Tribunal (DRAT) dated 22 August 2008, whic...

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Supreme Court Allows Workmen's Appeal in Industrial Dispute Over Retrenchment Compensation - Held That Section 25-FF of Industrial Disputes Act, 1947 Does Not Apply When There Is No Transfer of Undertaking.

The appeal arose from a common judgment of the Allahabad High Court dated 23.5.2003 in Writ Petition No.9498 of 1981 filed by the management (first re...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Supreme Court Dismisses Appeal Seeking Exclusive Voting Rights for Scheduled Tribes in Scheduled Areas. Representation of the People Act and Delimitation Act Apply to Scheduled Areas Without Specific Notification Under Fifth Schedule.

The appellant, a society registered under the Societies Registration Act, 1860, filed a writ petition in the High Court of Orissa challenging the appl...

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Bombay High Court Sets Aside Opinion of Adjudicating Authority Under FEMA for Failure to Supply Documents and Provide Reasons. The Court Directs That All Documents Referred to in the Complaint Must Be Furnished and That the Opinion Under Rule 4 of the Adjudication Rules Must Be a Reasoned Order.

The writ petition was filed by Lalit Kumar Modi, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the India...

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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...