Search Results for "Section 95"

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Search Results for "Section 95"

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High Court

High Court of Karnataka Dismisses Petition Challenging Land Conversion Order Under KLR Act — Petitioner Lacks Locus Standi as He Was Not the Owner at the Time of Conversion. The court held that a subsequent purchaser cannot challenge a conversion order under Section 95 of the Karnataka Land Revenue Act, 1964.

12 Sep 2025

The petitioner, Naganagouda, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.12.2024 passed by the...

Tribunals

NCLAT Chennai Dismisses Appeals Against CIRP Initiation by State Bank of India for Non-Payment of Loan Guarantee. Personal Guarantors' Appeals Dismissed as Withdrawn, Upholding Adjudicating Authority's Order Admitting Section 95 Application Under IBC.

17 Mar 2025

The National Company Law Appellate Tribunal (NCLAT) Chennai bench heard four connected appeals filed by personal guarantors—Ajay Agarwal, Ashok Agar...

Supreme Court

Supreme Court Allows Appeal Against High Court's Interference in Personal Insolvency Proceedings Under IBC — High Court Exceeded Writ Jurisdiction by Precluding Statutory Mechanism Before Adjudicating Authority Could Determine Debt Existence

20 Feb 2025

The Supreme Court allowed an appeal against a Karnataka High Court order that had interdicted personal insolvency proceedings under the Insolvency and...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantors in IBC Case — Limitation Period for Filing Application Under Section 95 Commences from Date of Default in Demand Notice Under Guarantee Contract, Not from Date of NCLT Order Admitting Corporate Debtor. The court held that the limitation for filing an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor runs from the date of default in the demand notice under the guarantee contract, and not from the date of the NCLT order admitting the corporate debtor.

22 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) at Chennai, by a common judgment dated 22.10.2024, allowed two appeals filed by the State Bank of ...

High Court

High Court of Karnataka Quashes Tahsildar's Demolition Order Under Section 95 of Karnataka Land Revenue Act, 1964 — Lack of Jurisdiction as Dispute Involves Title and Possession. Tahsildar cannot exercise summary powers under Section 95 when there is a bona fide dispute regarding title and possession of land, which must be adjudicated by a Civil Court.

5 Dec 2016

The petitioner, G.S. Siddaraju, filed a writ petition challenging an order dated 05.07.2016 passed by the Tahsildar, Davangere, under Section 95 of th...

High Court

High Court of Karnataka Dismisses Appeals in Land Revenue Case — Conversion of Agricultural Land for Non-Agricultural Use Requires Prior Permission Under Section 95 of Karnataka Land Revenue Act, 1964. The court held that deemed conversion under Section 109 does not apply and that retrospective permission cannot be granted.

8 Jul 2016

The appellant, Sri S. Sundaresh, filed writ appeals against the orders of a learned Single Judge dismissing his writ petitions. The appellant sought c...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Were Gratuitous Passengers in Goods Vehicle, Not Covered Under Insurance Policy. The court held that under Section 95 of the Motor Vehicles Act, 1939, an insurance policy for a goods vehicle does not cover passengers carried for hire or reward, and the deceased were not employees of the owner, thus the insurer is not liable.

12 Mar 2010

The case involves two appeals filed by the United India Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal. The accident occu...

Tribunals

NCLAT Dismisses Appeal by Financial Creditor Against Dismissal of Section 95 Petition Due to Existing Moratorium Under Section 96 IBC — Prior Initiation of Personal Insolvency by Another Creditor Bars Subsequent Petitions Against Same Personal Guarantor

30 Nov -0001

The appellant, Indian Bank, a Financial Creditor, filed a petition under Section 95 of the Insolvency and Bankruptcy Code, 2016 against the respondent...

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