Search Results for "capital reconstruction"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "capital reconstruction"

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Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

High Court

Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

4 Oct 2024

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

High Court

Bombay High Court Allows Continuation of Arbitration Proceedings After Amalgamation of Multi-State Cooperative Society into Non-Cooperative Entity. The court held that Section 29A of the Arbitration and Conciliation Act, 1996 does not apply to arbitrations under the Multi-State Co-operative Societies Act, 2002, and that arbitration proceedings survive amalgamation.

20 Mar 2024

The judgment concerns two writ petitions filed by Emerald Realtors Pvt. Ltd. and Dewan Realtors Pvt. Ltd. challenging the continuation of arbitration ...

Supreme Court

Supreme Court Reverses High Court in SICA Case on Unsecured Creditor Rights - Sanctioned Rehabilitation Scheme Binding on All Creditors. Court held that under Sections 18(8) and 32 of Sick Industrial Companies (Special Provisions) Act, 1985, unsecured creditors cannot opt out of scaled-down payments and must accept scheme terms for company revival.

17 Mar 2023

The Supreme Court addressed a group of appeals concerning the binding effect of rehabilitation schemes sanctioned under the Sick Industrial Companies ...

High Court

Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

23 Nov 2022

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

High Court

Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

4 Aug 2021

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case - STP Undertaking Exemption Denied as Manufacturing Commenced Before 1 April 1994. The court held that the conditions of Section 10A(2) of the Income Tax Act, 1961 were not fulfilled because the undertaking had already started manufacturing before the cutoff date, and the subsequent slump sale did not affect the commencement date.

6 Mar 2012

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 challenged the Income Tax Appellate Tribunal's decision allowing the assessee...

High Court

Bombay High Court Allows Revenue Appeal in Income Tax Case — Cost of Repair/Reconstruction of Tenanted Premises Held Capital in Nature. The court held that the contribution of Rs.1.50 Crores by the tenant-assessee for repair/restoration of the building was capital expenditure, not allowable as revenue deduction under Section 30(a)(i) of the Income Tax Act, 1961.

30 Jan 2012

The case involves an appeal by the Revenue against the order of the Income Tax Appellate Tribunal which allowed the assessee's claim for deduction of ...

High Court

Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

9 Aug 2010

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

Supreme Court

Supreme Court Upholds Assessee Company in Income Tax Matter — Past Losses Preceding Capital Reconstruction Pertinent for Section 23-A Reasonableness. Losses Incurred in Earlier Years Includes All Unadjusted Losses, Not Just Those Carried Forward After Reconstruction, Under Section 23-A of Income Tax Act, 1922.

5 Dec 1967

The dispute arose from an order under Section 23-A of the Income Tax Act, 1922, deeming the respondent company, Jubilee Mills Ltd., to have declared a...

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