Search Results for "Section 35A"

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Search Results for "Section 35A"

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Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows State Appeal in Police Constable Resignation Case — Resignation Once Accepted Cannot Be Withdrawn Under Rule 35A of Tamil Nadu Police Subordinate Services Rules. The Court held that acceptance of resignation before expiry of notice period is valid and withdrawal after acceptance is impermissible.

13 Dec 2019

The respondent, M Jeyanthi, was a Grade II Police Constable appointed on 1 April 2010. On 1 June 2017, she tendered her resignation, which was accepte...

Supreme Court

Supreme Court Rules on MSME Loan Classification and SARFAESI Proceedings. High Court Order Overturned; Banks Must Follow MSME Revival Framework Before Declaring NPAs, MSMEs Granted Alternative Remedies

1 Aug 2024

The appellants, MSMEs registered under the MSMED Act, 2006, challenged the Bombay High Court's order dismissing their writ petitions. The High Court h...

High Court

Bombay High Court Dismisses Writ Petition Challenging RBI's Directions to Cooperative Bank — RBI's Directions Under Section 35A of Banking Regulation Act, 1949 Upheld as Valid and Not Violative of Natural Justice. The Court Held That Section 35A Does Not Require a Prior Hearing and the Directions Were Issued in Public Interest to Protect Depositors.

6 Oct 2018

The petitioners, The Veershaiva Cooperative Bank Ltd. and its employees' union, filed a writ petition challenging the directions issued by the Reserve...

High Court

Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

8 Apr 2013

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

High Court

High Court of Karnataka Dismisses Appeal Challenging DICGC Act Provisions in Cooperative Bank Deposit Insurance Dispute. Sections 18A(5) and 21(3)(4) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, held constitutional and not arbitrary.

28 Apr 2026

The appellant, Sri G.K. Gururaja Rao, Secretary of Sri Guru Raghavendra Sahakara Bank Niyamitha, filed a writ petition under Article 226 of the Consti...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

Supreme Court

Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

7 Apr 2026

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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...

Supreme Court

Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

1 Jan 2025

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...

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