Search Results for "Symbolic Possession"

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Search Results for "Symbolic Possession"

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Supreme Court

Supreme Court Allows Appeal in Land Acquisition Case, Quashing High Court's Lapse Declaration. The Court held that acquisition proceedings did not lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as possession was taken, and the writ petitioner lacked locus standi due to unproven title.

20 Jan 2023

The appeal arose from a judgment of the High Court of Delhi, which allowed a writ petition and declared that land acquisition proceedings under the La...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case, Upholding High Court Order Setting Aside District Magistrate's Decision. District Magistrate's Role Under Section 14 is Limited to Assisting Secured Creditor in Taking Possession, Not Adjudicating Tenancy Disputes, and Tenant's Remedy Lies Under Section 17 Before Debt Recovery Tribunal.

26 Sep 2022

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Allows Appeals by Acquiring Authority in Land Acquisition Lapse Dispute Under Section 24(2) of 2013 Act. The Court Held That Deemed Lapse Requires Both Non-Taking of Possession and Non-Payment of Compensation, Overruling Prior Precedent and Excluding Stay Periods, Thereby Reversing High Court's Declaration of Lapse.

29 Mar 2022

The Supreme Court of India heard appeals filed by the Delhi Development Authority (DDA) and the Government of NCT of Delhi against a judgment of the H...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

Supreme Court

Supreme Court Allows State's Appeal in Urban Land Ceiling Repeal Case Based on Possession Taken Over. Vesting Under Section 11(3) of Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 Saved as Land Owner Voluntarily Surrendered Possession, Satisfying Section 3 of Repeal Act, 1999.

20 Sep 2021

The Supreme Court of India heard civil appeals filed by the State of Tamil Nadu and officials from the Department of Urban Land Ceiling, challenging o...

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