June 2018

May 2018

Foreign Exchange Regulation Act, 1973, Section 50 –Penalty–Appeal—Precondition of deposit of 10% of amount—Once, prima facie, on the basis of material produced on record petitioner was not the director in the company on which penalty was imposed, directing her to deposit part of penalty as precondition for hearing an appeal on merits will certainly cause under hardship to her

By | May 21st, 2018|Corporate cases|

Comments Off on Foreign Exchange Regulation Act, 1973, Section 50 –Penalty–Appeal—Precondition of deposit of 10% of amount—Once, prima facie, on the basis of material produced on record petitioner was not the director in the company on which penalty was imposed, directing her to deposit part of penalty as precondition for hearing an appeal on merits will certainly cause under hardship to her

Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002, S.14–Symbolic Possession-Objection by tenant being in possession for agricultural purpose—Objection held to be not maintainable

By | May 16th, 2018|Corporate cases|

Comments Off on Securitization and Reconstruction of Financial Assets and Enforcement of Security interest Act, 2002, S.14–Symbolic Possession-Objection by tenant being in possession for agricultural purpose—Objection held to be not maintainable

March 2018

January 2018

Alternate remedy-Writ against order of DRT–Borrower offered to pay Rs. 6 lakhs by 30.03.2016–Bank directed to take formal possession and not to dispossess the borrower-Borrower directed to further pay Rs 2 lakhs by 12.4.16–lnterim relief granted to file appeal.

By | January 15th, 2018|Corporate cases|

Comments Off on Alternate remedy-Writ against order of DRT–Borrower offered to pay Rs. 6 lakhs by 30.03.2016–Bank directed to take formal possession and not to dispossess the borrower-Borrower directed to further pay Rs 2 lakhs by 12.4.16–lnterim relief granted to file appeal.

Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.17–Auction Sale-Highest bid was marginally above the reserve price

By | January 13th, 2018|Corporate cases|

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Sick Industrial Companies (Special Provisions) Act, 1985, S.22–Reference–A reference cannot be deemed to be rejected merely because an application for fixing the date for hearing of the reference was rejected

By | January 9th, 2018|Corporate cases|

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December 2017

November 2017

August 2017

Punjab Package of Incentives, 1992-lnvestment Incentive (subsidy)– If a unit is sold then the amount of subsidy sanctioned for that unit is to be released to purchase unit.

By | August 21st, 2017|Corporate cases|

Comments Off on Punjab Package of Incentives, 1992-lnvestment Incentive (subsidy)– If a unit is sold then the amount of subsidy sanctioned for that unit is to be released to purchase unit.

Societies—Mid-term Polls—Administrator has the power to hold the elections before the expiring of its term when the governing body, once elected, is out of power.

By | August 20th, 2017|Corporate cases|

Comments Off on Societies—Mid-term Polls—Administrator has the power to hold the elections before the expiring of its term when the governing body, once elected, is out of power.

Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

By | August 9th, 2017|Corporate cases|

Comments Off on Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.

July 2017

Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000–Allotment of Site-Interest on reserved price-Subsequent purchaser

By | July 25th, 2017|Corporate cases|

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Notaries Rules, 1956, R.8–Proviso–Renewal of certificate of practice-Application has to be filed six months before the date of expiry however delay can be condoned as per proviso-

By | July 21st, 2017|Corporate cases|

Comments Off on Notaries Rules, 1956, R.8–Proviso–Renewal of certificate of practice-Application has to be filed six months before the date of expiry however delay can be condoned as per proviso-

Employees Provident Funds and Miscellaneous Provisions Act, 1952, S.7-A–Jurisdiction of Civil Court-Violation of the procedure prescribed under the Act will itself give a power to the Civil Court to examine whether the notice issued was competent or not

By | July 20th, 2017|Corporate cases, Jurisdiction - Civil Court|

Comments Off on Employees Provident Funds and Miscellaneous Provisions Act, 1952, S.7-A–Jurisdiction of Civil Court-Violation of the procedure prescribed under the Act will itself give a power to the Civil Court to examine whether the notice issued was competent or not

June 2017

Bank Guarantee-Invocation of-The bank guarantee is an instrument, which entitles a person in whose favour it is issued to receive the amount immediately the same is invoked—It is not that it is conditional on deposit of the amount by the person who furnishes the bank guarantee.

By | June 24th, 2017|Corporate cases|

Comments Off on Bank Guarantee-Invocation of-The bank guarantee is an instrument, which entitles a person in whose favour it is issued to receive the amount immediately the same is invoked—It is not that it is conditional on deposit of the amount by the person who furnishes the bank guarantee.

Motor Vehicles Act, 1988, S.2(25)–Permit–Permits to maxicabs cannot be issued in the name of auto rikhshaw as both having different sitting capacity.

By | June 13th, 2017|Corporate cases|

Comments Off on Motor Vehicles Act, 1988, S.2(25)–Permit–Permits to maxicabs cannot be issued in the name of auto rikhshaw as both having different sitting capacity.