Search Results for "Pari Passu"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Pari Passu"

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Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

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 Dismisses Writ Petitions Against SARFAESI Proceedings by DBS Bank — Foreign Bank Not Required to Register Under Section 2(1)(c) of SARFAESI Act for Enforcement of Security Interest. The court held that a foreign bank with a branch in India is a 'bank' under Section 2(1)(c) read with the Banking Regulation Act, 1949, and can enforce security interest under Section 13 of the SARFAESI Act.

30 Nov -0001

The judgment involves two writ petitions: Writ Petition No. 1338 of 2016 filed by Narendra Plastic Private Limited and Neemit Punamiya against DBS Ban...

Supreme Court

Supreme Court Orders Central Empowered Committee to Identify Mining Leases Operating in Violation of Environmental and Forest Laws in Odisha. Court Finds Prima Facie Case of Illegal Mining and Directs Preparation of List of Defaulting Lessees for Interim Relief Under Article 32.

1 Aug 2026

The writ petitions under Article 32 of the Constitution were filed by Common Cause and Prafulla Samantra, alleging rampant illegal mining in the Keonj...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Unexplained Delay, Non-Consideration of Bail Order, and Violation of Article 22(5). Detaining Authority Failed to Communicate Representation Decision and Consider Bail Order; Violated Petitioner's Constitutional Right.

29 Feb 2024

The case pertained to a writ of habeas corpus filed by the detenu challenging a preventive detention order under the Maharashtra Prevention of Dangero...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind — Failure to Consider Bail Conditions and Inadequate Material Renders Detention Invalid. The court held that the detaining authority's failure to consider the detenue's bail status and the lack of independent material vitiated the subjective satisfaction under Section 3(2) of the MPDA Act, 1981.

17 Apr 2024

The petitioner, Abhimanyu Narasu Patil, a detenue, challenged an order of detention dated 12th October 2023 passed by the Commissioner of Police, Than...

High Court

High Court of Karnataka Allows Landlord's Application for Possession and Rent Arrears from Official Liquidator in Company Liquidation. Landlord's Claim for Rent Arrears and Possession Upheld Under Section 476 of Companies Act, 1956.

30 Jun 2022

The applicant, Shri N R Ravi, claimed to be the owner of a property leased to M/s. SEM India Systems Private Limited (in liquidation) on 15.05.2008. T...

Supreme Court

Supreme Court Directs Suspension of Mining Operations and Investigation into Illegal Mining in Odisha. Lessees Operating Without Statutory Clearances Under Environment and Forest Laws Ordered to Stop Mining, and CEC to List Violators.

1 Aug 2026

These writ petitions under Article 32 of the Constitution brought to light a massive mining scandal in the Keonjhar, Sundergarh, and Mayurbhanj distri...

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