Search Results for "Section 26"

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Search Results for "Section 26"

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Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Allows Extension of Arbitral Tribunal Mandate in International Commercial Arbitration Involving Share Dispute and Insolvency Moratorium. The court extended the time for the arbitral award under Section 29A of the Arbitration and Conciliation Act, 1996, due to a moratorium under the Insolvency and Bankruptcy Code, 2016, which stayed proceedings and was subsequently lifted.

5 Jan 2023

The dispute arose from an international commercial arbitration between Tata Sons Pvt Ltd (applicant) and Siva Industries and Holdings Ltd (first respo...

Supreme Court

Supreme Court Quashes High Court Judgment on Teacher Promotions in National Institute of Technology Due to Non-compliance with Selection Process. Promotions to Associate Professor with AGP Rs.9000 Were Illegal as They Bypassed Mandatory Selection Committee Approval Under MHRD Guidelines and the National Institute of Technology Act, 2007.

30 Mar 2022

The Supreme Court addressed appeals against a High Court judgment that upheld promotions of teachers in the National Institute of Technology (NIT), Ha...

Supreme Court

Supreme Court Dismisses Appeals in Indian Succession Act Case Upholding Revocation of Letters of Administration. Revocation was justified under Section 263 as proceedings were defective in substance due to non-impleadment of all legal heirs, constituting just cause as per Explanation (a) and Illustration (ii).

9 Mar 2022

The dispute arose from appeals challenging an order dated 05.11.2008 that allowed an appeal under Section 299 of the Indian Succession Act, 1925, revo...

Supreme Court

Supreme Court Sets Aside High Court Judgment and Remands Income Tax Appeals for Fresh Adjudication. High Court Erred in Disposing of Appeal Without Discussing Issues Arising for Consideration Under Section 260A of Income Tax Act, 1961.

7 Mar 2022

The dispute originated from income tax assessment proceedings for Assessment Year 2012-13, where the Assessing Officer added Rs. 7,78,00,000 to the as...

Supreme Court

Supreme Court Dismisses Writ Petition in University Appointment Case Due to Non-Binding UGC Regulations. Appointment of Vice Chancellor Upheld as Sardar Patel University Act, 1955 Does Not Prescribe Qualifications and State Has Not Adopted UGC Regulations Through Legislation.

3 Mar 2022

The dispute involved a writ petition under Article 32 of the Constitution challenging the appointment of respondent No.4 as Vice Chancellor of Sardar ...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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