Search Results for "Section 17"

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Search Results for "Section 17"

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High Court

High Court of Karnataka Dismisses Appeal by Hospital and Proprietor Against ARCIL in SARFAESI Act Matter — Upholds Single Judge's Order Dismissing Writ Petitions as Not Maintainable. The Court held that the remedy under Section 17 of the SARFAESI Act is an efficacious alternative remedy and the writ petition was not maintainable.

18 Dec 2025

The appellants, M/S Sridevi Hospital and its proprietor Dr. K. Senthilnathan, filed a writ appeal against a common order dated 20.12.2024 passed by a ...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Possession of Auctioned Property — Bank Not Obligated to Deliver Vacant Possession Under SARFAESI Act. SARFAESI Act, 2002 Section 13(4) and Section 17 — Auction Sale Confirmed in Favor of Petitioner, but Bank Delivered Only Symbolic Possession; Petitioner's Remedy Lies Before DRT Under Section 17.

16 Dec 2025

The petitioner, Mr. Suresh Kumar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru...

Supreme Court

Supreme Court Allows Appeal in Arbitration Case — Directs Arbitral Tribunal to Reconsider Interim Deposit Order in Light of Force Majeure Clause. Court holds that while passing interim measures under Section 17 of the Arbitration and Conciliation Act, 1996, the Arbitral Tribunal must consider the force majeure clause and the bonafide dispute raised by the lessee, and cannot direct deposit of 100% rental amount without prima facie evaluating the applicability of such clause.

28 Mar 2022

The dispute arose from two lease agreements between Evergreen Land Mark Pvt. Ltd. (appellant-lessee) and John Tinson & Company Pvt. Ltd. & Anr. (respo...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Allows Appeal Against High Court's Article 227 Intervention in Arbitration Matter - Emphasizes Limited Scope of Supervisory Jurisdiction Under Arbitration and Conciliation Act, 1996. The Court held that the High Court should not have interfered with an interim order under Section 17 of the Act when the first appeal under Section 37 had been dismissed, as the Act is a self-contained code with limited judicial intervention.

4 Oct 2019

The appeal arose from a dispute between M/s Deep Industries Limited (appellant) and Oil and Natural Gas Corporation Limited (ONGC) (respondent) concer...

Supreme Court

Supreme Court Considers Whether Refund Claim Under Customs Act Requires Appeal Against Assessment Order. Self-Assessment Under Section 17 and Amendment to Section 27 by Finance Act 2011 Examined.

18 Sep 2019

The Supreme Court heard a batch of appeals filed by assessees and the Union of India against judgments of various High Courts and the Customs, Excise ...

Supreme Court

Supreme Court Upholds Land Acquisition for Yamuna Expressway in Public Interest — Compensation Enhancement Granted. Land Acquisition Act, 1894 — Section 4, 6, 17 — Urgency clause invoked for development of expressway project — Court held that acquisition for planned development is valid and compensation must be fair.

2 Sep 2019

The Supreme Court heard a batch of appeals arising from land acquisition proceedings initiated by the State of Uttar Pradesh for the construction of t...

Supreme Court

Supreme Court Allows Appeal by Union of India and ITBP Against High Court's Quashing of Land Acquisition Notifications for Battalion Headquarters. Urgency Clause Upheld for National Security Purposes Under Land Acquisition Act, 1894.

9 Aug 2019

The Supreme Court allowed the appeal filed by the Union of India and the Director General of ITBP against the Allahabad High Court's judgment dated 10...

Supreme Court

Supreme Court Partially Allows Contractor's Appeal in Arbitration Dispute Under Arbitration Act, 1940 — Clause 59 of Agreement Does Not Bar Claims for Extra Lead, Non-Supply of Food Grains, Short Supply of Cement, and Stock Materials. Court Restores Arbitrator's Award on Certain Claims, Modifies Interest Rate.

27 Mar 2019

The case arises from arbitration proceedings under the Arbitration Act, 1940, concerning three agreements for irrigation works between the appellant c...

Supreme Court

Supreme Court Dismisses NOIDA's Appeals Against Quashing of Land Acquisition Notifications and Compensation Direction. Acquisition Notifications Quashed Due to Illegal Dispensation of Section 5A Inquiry Under Section 17 of Land Acquisition Act, 1894.

5 Mar 2019

The Supreme Court dismissed appeals by New Okhla Industrial Development Authority (NOIDA) against the Allahabad High Court's judgment quashing land ac...

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