Search Results for "statutory safeguards"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "statutory safeguards"

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High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

Bombay High Court Allows Petitions Challenging Provisional Attachment Orders Under Section 110 of Customs Act, 1962 — Lack of Reasonable Belief and Non-Compliance with Procedural Safeguards. Attachment orders set aside as customs authorities failed to demonstrate reasonable belief that goods were liable to confiscation and did not follow mandatory procedure under Section 110(3) requiring notice within six months.

13 Mar 2024

The judgment pertains to three writ petitions filed by Chokshi Arvind Jewellers and Pallav Gold, challenging provisional attachment orders passed by t...

High Court

Bombay High Court Dismisses Habeas Corpus Petition Challenging Preventive Detention Under COFEPOSA Act — Use of Disjunctive 'or' in Detention Order Does Not Indicate Non-Application of Mind. The court held that the detaining authority's satisfaction was based on the cumulative effect of the detenu's activities, and the mere reproduction of statutory language does not render the order invalid.

2 Jul 2024

The Bombay High Court dismissed a habeas corpus petition challenging the preventive detention of Rakesh Ramdas Jejurkar under the Conservation of Fore...

High Court

Bombay High Court Hears Group of Petitions Challenging Constitutional Validity of Slum Land Acquisition Provisions. The Petitioners, Owners of Lands Declared as Slum Areas, Challenge the Acquisition Notices Issued Under Section 14 and the Method of Compensation Under Section 17 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

10 May 2013

In Mumbai, where more than half the population lives in slums, the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was ena...

High Court

High Court of Karnataka Adjudicates Writ Petitions Challenging Constitutional Validity of Sections 212(6) and 217 of Companies Act, 2013 and Cognizance Order. Petitioners sought declaration that sections unconstitutional and quashing of arrest warrants issued by the Special Court in SFIO complaint.

15 Apr 2024

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High Court

High Court Dismisses Petition Challenging Arrest Under Prevention of Money Laundering Act, 2002 Due to Compliance with Statutory Safeguards and Limited Scope of Judicial Review. Arrest Upheld as Enforcement Directorate Provided Written Grounds and Reasons to Believe Under Section 19, with Predicate Offence Under Prevention of Corruption Act, 1988 Registered Subsequently.

9 Mar 2026

The petitioner, a Deputy Director in the Vasai-Virar City Municipal Corporation, filed a criminal writ petition challenging his arrest by the Enforcem...

High Court

Bombay High Court Examines Whether Assignee Bank Can Invoke SARFAESI Act for Debt Assigned by NBFC. The case involves interpretation of 'debt' and 'secured creditor' under SARFAESI Act, 2002 and RDDBFI Act, 1993, and the effect of assignment from a non-banking financial company to a bank.

16 Jul 2015

The petitioner, a banking company, sought to enforce security interest under the SARFAESI Act after acquiring a debt and underlying security from a no...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act and SEBI Regulations Jurisdiction Dispute. The court held that rectificatory jurisdiction under Section 59 of the Companies Act, 2013 is summary and not for contested facts, and SEBI has exclusive jurisdiction over violations of its regulations, not the National Company Law Tribunal.

4 Jan 2023

The Supreme Court of India heard an appeal concerning the rectificatory jurisdiction of the National Company Law Tribunal under Section 59 of the Comp...

High Court

High Court of Karnataka Examines Quashing Petitions Against Multiple FIRs Registered Under Prevention of Corruption Act, 1988. Challenge Focuses on Validity of FIR Registration Based on Request to Court Rather Than on Complaint Under Section 154 Cr.P.C.

8 Sep 2021

The matter comprised three criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, by Sri Prabhu Shankar, an Assistant Com...

Supreme Court

Supreme Court Upholds Borrowers' Right to Hearing in RBI Fraud Classification Directions. The Court held that principles of natural justice, specifically audi alteram partem, must be read into the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 to prevent arbitrariness, as classification entails serious civil consequences under Clauses 8.9.4 and 8.9.5.

27 Mar 2023

The civil appeals arose from challenges to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directio...

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