Search Results for "paramount charge"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "paramount charge"

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Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

High Court of Karnataka Quashes Magistrate's Order in Animal Cruelty Case — Petitioner NGO Lacks Locus Standi as Informant Not Authorized. Section 482 CrPC Petition Allowed as Complaint Filed by Unauthorized Person Cannot Be Entertained Under Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 428 IPC.

9 Feb 2021

The petitioner, Compassion Unlimited Plus Action, an NGO, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to...

Supreme Court

Supreme Court Upholds Senior Professor's Nomination as Head of Department in University Statute Dispute. The Court ruled that relinquishment of a claim for HOD appointment in one rotational term does not permanently bar consideration in subsequent terms under Statute 18 of the Cochin University of Science and Technology Act, emphasizing seniority and academic continuity.

7 Feb 2022

The appeal arose from a dispute over the nomination of a Head of Department (HOD) at the Cochin University of Science and Technology. The appellant an...

High Court

Bombay High Court Quashes Sales Tax Notices Against Axis Bank in Liquidation Proceeding — No Liability for Tax Deducted at Source Under MVAT Act After Company's Winding Up. The Court held that the State cannot recover tax from a secured creditor who had no obligation to deduct tax at source under Section 42 of the Maharashtra Value Added Tax Act, 2002, as the deduction obligation arises only when payment is made to the dealer, and after winding up, the Official Liquidator is the proper authority.

7 Mar 2017

The petitioner, Axis Bank Ltd., a banking company, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court s...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Maternal Relatives. Court holds that welfare of the child is paramount and father's petition is not maintainable as child is not in illegal detention.

6 Feb 2019

The petitioner, Shekhar Jagdish Prasad Tewari, filed a writ of habeas corpus before the Bombay High Court seeking production and custody of his minor ...

High Court

Bombay High Court Allows Wife's Application Challenging Denial of Interim Maintenance in DV Act Case — Magistrate's Order Set Aside for Non-Compliance with Section 23 of DV Act. The Court held that the Magistrate must record reasons for denying interim relief under the Protection of Women from Domestic Violence Act, 2005, and the appellate court must independently assess the evidence.

2 Nov 2018

The applicant, Mrs. Payal Sudeep Laad, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 3rd...

High Court

Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

18 Jul 2006

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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