Search Results for "Recovery proceedings"

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Search Results for "Recovery proceedings"

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Supreme Court

Supreme Court Allows Appeal in Consumer Protection Case, Reversing NCDRC's Dismissal on Consumer Status. Overdraft Facility Availed by Stockbroker for Business Qualifies as Consumer Service Under Exception for Self-Employment Livelihood in Section 2(1)(d)(ii) of Consumer Protection Act, 1986.

22 Feb 2022

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dismissing a consumer complaint on the ground that the...

Supreme Court

Supreme Court Quashes High Court Order in Recovery Proceedings for Exceeding Jurisdiction. High Court Disposed of Writ Petition Challenging Interim Relief Denial by DRAT, Thereby Making Pending Appeal Infructuous Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

16 Feb 2022

The dispute originated from recovery proceedings initiated by Corporation Bank (later merged with Union Bank of India) under Recovery Certificate No.6...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

Supreme Court

Supreme Court Allows Appeal in Part on Operational Creditor Status but Upholds Dismissal on Limitation in Insolvency Case. The court held that a purchaser does not qualify as an operational creditor under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, and the application under Section 9 was barred by limitation due to debt arising from 2013 transactions.

4 Feb 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016, involving the appellant, Consolidated Construction Consortium Limited,...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case, Quashing Stay on Termination of Facilities Agreement. The Court held that Section 14 of the Insolvency and Bankruptcy Code, 2016, does not apply to a service recipient, and the NCLT's jurisdiction under Section 60(5)(c) does not extend to contractual termination disputes unrelated to insolvency resolution.

23 Nov 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal dated 24 June 2020, which upheld an interim order of the National Comp...

Supreme Court

Supreme Court Dismisses Employer's Appeal Against ESI Interest Demand, Upholding Statutory Interest Under ESI Act and Regulations. Interest on Delayed Contributions from 1975 to 1988 Held Payable at 6% and 12% Rates as Per Regulation 31-A and Section 39(5)(a), with No Waiver Permitted Under the Act or Article 142.

29 Oct 2021

The dispute arose from a demand by the Employees' State Insurance Corporation for contributions and interest from The Transport Corporation of India L...

Supreme Court

Supreme Court Disposes of Appeal in Debt Recovery Case with Interim Deposit and Attachment Orders. Court directed appellant to deposit Rs.5 crores, permitted respondent to withdraw amounts, continued attachment of shares, and ordered timely disposal of pending appeal under the Recovery of Debts and Bankruptcy Act, 1993.

27 Oct 2021

The Supreme Court of India disposed of a civil appeal arising from a special leave petition, which challenged the High Court of Rajasthan's dismissal ...

Supreme Court

Supreme Court Upholds Contempt Proceedings Against Litigant for Frivolous Filings and Disparaging Judicial Remarks. Court imposed costs and restrictions on future public interest litigations due to abuse of process and violation of orders under Contempt of Courts Act, 1971.

29 Sep 2021

The dispute originated from a writ petition filed by Suraz India Trust, represented by its chairman Mr. Rajiv Daiya, against the Union of India. The S...

Supreme Court

Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

6 Sep 2021

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

Supreme Court

Supreme Court Sets Aside High Court Order in GST Case Due to Availability of Statutory Alternative Remedy. High Court Erred in Entertaining Writ Petition Under Article 226 of Constitution as No Exceptional Circumstances Like Breach of Fundamental Rights or Violation of Natural Justice Were Established, and Respondent Should Have Availed Remedy Under Section 107 of Central Goods and Services Tax Act, 2017.

3 Sep 2021

The dispute arose from a judgment of the High Court of Telangana dated 4 March 2020, which set aside the action of the Assistant Commissioner of State...

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