Search Results for Tag : Recovery
International Cases
Production of notice of assessment is conclusive evidence that the assessment is properly made(07.08.2020)
An application is made by the Plaintiff, the Deputy Commissioner of Taxation, for judgment to be entered against the defendant pursuant to the Rules o.....
Tags : Debt dues, Payment, Recovery
Notifications & Circulars
Debt recovery mechanism strengthened with the enactment of Insolvency and Bankruptcy Code (IBC), 2016 - Survey(04.07.2019)
The Union Minister for Finance and Corporate Affairs, Smt. Nirmala Sitharaman tabled the Economic Survey 2018-19 in Parliament today. Taking note of t.....
Tags : Debt recovery, Mechanism, Strengthening of
Recovery of arrears of wrongly availed CENVAT credit under the existing law and inadmissible transitional credit(04.09.2018)
Various representations have been received seeking clarification on the process of recovery of arrears of wrongly availed CENVAT credit under the exis.....
Tags : Recovery , Arrears, CENVAT
Debts Recovery Tribunal (Procedure) Amendment Rules, 2020(27.08.2020)
1.In exercise of the powers conferred by sub-sections (1) and (2) of section 36 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), the Ce.....
Tags : Debts Recovery Tribunal, Procedure, Amendment Rules
Judgments
Minor discrepancies not to be given undue emphasis and evidence is to be considered from point of view of trustworthiness(10.11.2016)
Accused was charged with commission of offence under Section 20(b) (ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985, wherein he pleaded n.....
Tags : Acquittal, Validity, Charas, Recovery
Annual System Audit, Business Continuity Plan and Disaster Recovery(16.11.2015)
The Securities and Exchange Board of India has issued guidelines to mitigate risks to the stability and integrity of national commodity derivative exc.....
Tags : Commodity exchange, disaster recovery, continuity
Annual System Audit, Business Continuity Plan and Disaster Recovery(16.11.2015)
The Securities and Exchange Board of India has issued guidelines to mitigate risks to the stability and integrity of national commodity derivative exc.....
Tags : Commodity exchange, disaster recovery, continuity
Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2021(22.07.2021)
In exercise of the powers conferred by clause (ccd) of sub-section(2) of section 36 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), th.....
Tags : Debts Recovery, Tribunals, Rules
Pure finding of fact based on appreciation of evidence not to be interfered with, in exercise of jurisdiction(11.12.2017)
Instant appeal has been filed against the judgment of High Court by which judgment High Court has allowed the Revision and set aside the order passed .....
Tags : Eviction, Rent, Recovery
Recovery of Interest on delayed remittance of Government Receipts into Government Account(26.09.2019)
In Circular DGBA.GAD.No.H-4831/42.01.011/2012-13 dated February 13, 2013 wherein, in order to bring uniformity in the procedure of reporting both cent.....
Tags : Government Receipts, Recovery, Interest
Withdrawal of circulars - on recovery of excess pension made to pensioners(21.01.2021)
1.It has been brought to the notice of RBI that the recovery of excess /wrong pension payments from the pensioners are being made in a manner that is .....
Tags : Withdrawal, Circulars, Recovery, Excess pension
Supervisory jurisdiction would be exercised only in a case where order has been passed in flagrant violation of principles of natural justice or if same will result in miscarriage of justice(26.03.2018)
In instant petition filed under Section 104 of Constitution of Jammu and Kashmir read with Article 227 of Constitution of India, the Petitioner has as.....
Tags : Amount, Recovery, Supervisory jurisdiction, Invoking of
Government extends the specified time limit for issuance of order for recovery of tax not paid or short paid or of input tax credit wrongly availed or utilized(28.12.2023)
In exercise of the powers conferred by section 168A of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereinafter referred to as the said .....
Tags : Time limit, Extension, recovery of tax
Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023(01.02.2023)
In exercise of the powers conferred by clause (ccd) of sub-section(2) of section 36 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), th.....
Tags : Debts Recovery, Tribunals, Rules
Chit foreman authorized to recover amount of future subscription from defaulting subscriber(06.11.2019)
The issue which has arisen for consideration in the present Civil Appeal is with respect to the jural relationship between a chit fund entity and the .....
Tags : Defaulting subscriber, Payment, Recovery
Debt Recovery Tribunal has no power to condone delay in filing Review Application under RDB Act(21.01.2020)
In the present case, the Respondent had filed a review petition before the Debt Recovery Tribunal with the application for condonation of delay which .....
Tags : Delay, Debt Recovery Tribunal
Refund cannot be denied, when all conditions of the notification are fulfilled(05.04.2021)
In present matter, Appellant has filed refund applications seeking refund of 4% Additional Customs duty as per Notification No. 102/2007-Cus. dated 14.....
Tags : Refund, Recovery, Validity
Every driving licence, notwithstanding its expiry, continues to be effective for a period of 30 days from day of its expiry(12.07.2021)
Appellant (owner of the offending vehicle) impugns judgment passed by the Motor Accident Claims Tribunal to the limited extent that, it grants recover.....
Tags : Recovery, Right, Validity
In order to avoid the liability, the insurer must establish that there was a willful breach on the part of the insured(17.01.2022)
Appellant impugns award to the limited extent that it grants recovery rights against the driver of the vehicle. Learned counsel for the appellant subm.....
Tags : Recovery rights, Grants, Legality
When borrower is aggrieved by any of the actions of the bank for which the borrower has remedy under the SARFAESI Act, no writ petition should be entertained(08.08.2022)
The Petitioner, who stood as a guarantor to a loan facility, is aggrieved with the recovery action initiated by the bank, against the borrower and him.....
Tags : Recovery action, Initiation, Legality
Show cause notice issued under section 28 of the Customs Act, 1962 in the case of M/s. Blue-Fin Frozen Foods Pvt. Ltd.- Section 28(9A)(c)(13.03.2023)
1. Reference is invited to your letter vide F. No. S/26-211/ADJ.DRI/Torrent/2019-20 dated 01.02.2023 (read with letters dated 09.01.2023 and 06.03.202.....
Tags : SCN, Duty, Recovery
Licensee company cannot take recourse to coercive measure of disconnecting electricity supply for recovery of additional demand raised after expiry of two years limitation period(18.02.2020)
In the present case, for the period July, 2009 to September, 2011, the Respondent along with other consumers were billed by the licensee company (the .....
Tags : Electricity supply, Additional demand, Recovery
In absence of any specific provision for priority of the dues under MSMED Act, dues under MSMED Act would not prevail over the SARFAESI Act(05.01.2023)
The secured creditor, Kotak Mahindra Bank Limited has preferred the present appeal feeling aggrieved with the impugned judgment and order passed by th.....
Tags : Recovery proceedings, Overriding effect, Provision
Excess payments made to the employees during the pendency of the application before the Tribunal could not be recovered(27.10.2020)
By present writ petition, the employer has approached the Court challenging an order passed by the Industrial Court, whereby a Complaint filed by the .....
Tags : Excess amounts, Recovery, Entitlement
DRT has no jurisdiction to hear un-appointed debenture trustee(07.03.2016)
In a claim for recovery made by a debenture trustee of debentures of a company on behalf of or for the benefit of the debenture holders, the Debt Reco.....
Tags : Debenture trustee, tribunal, debt recovery
After invocation of Section 33 (5) of the IBC, the authority does not have the power to initiate recovery of dues by means of sale/ confiscation(16.10.2023)
Present appeal is directed against the order passed by the National Company Law Tribunal, by which two applications, filed under Section 60 (5) of the.....
Tags : Initiation, Liquidation proceedings, Recovery
Non recovery of weapon is not ground for not framing charges under Section 397 Of IPC(08.11.2021)
Present petition is directed against the order passed by the learned District and Sessions Judge, arising out of FIR, registered at Police Station for.....
Tags : Weapon, Non-recovery, Charges, framing of
Disputes and liabilities between parties need to be adjudicated, based upon partnership deed(03.04.2017)
Appellant-Original Defendant has filed Appeal and prayed to quash and set aside impugned Judgment passed by Single Judge. In facts of present case, Ap.....
Tags : Partnership, Recovery, Validity
News
Bombay High Court Directs Finance Ministry to Provide Proper Infrastructure for DRT/DRAT(21.08.2015)
Bombay High Court has directed Finance Ministry to consider providing proper infrastructure and space to Debt Recovery Tribunal (DRT) and Debt Recover.....
Tags : Bombay High Court,Debt Recovery Tribunal (DRT) , Debt Recovery Appellate Tribunal (DRAT)
Karnataka HC Put Stay on DRT’s Order for 3 Months Issuing Demand Notice to UBHL , Kingfisher Airlines(20.06.2016)
Karnataka HC has put stay for three months on Debt Recovery Tribunal's (DRT) order issuing a demand notice to Vijay Mallya-owned United Breweries Hold.....
Tags : Karnataka HC, Debt Recovery Tribunal, United Breweries Holdings Limited (UBHL) , Kingfisher Airlines
Supreme Court: Speedy Recovery Proceedings Is the Need of the Day(19.04.2017)
SC, while upholding Rule 5 of MP Micro & Small Enterprises Facilitation Council Rules, 2006, which provides for recovery of amount for which award is .....
Tags : Supreme Court, Speedy Recovery Proceedings
Delhi HC: Mere Recovery of Stridhan Can't be Sole Ground for Arresting Person(14.12.2021)
Delhi High Court has observed that the mere fact that recovery of stridhan is to be made from a person cannot be the sole ground for arresting him for.....
Tags : Delhi High Court, Mere Recovery of Stridhan
Rajasthan HC: Government Cannot Seek Coercive Recovery of Remaining Custom Duty(23.12.2021)
Rajasthan High Court has held that the government cannot seek coercive recovery of remaining Customs Duty in an indirect manner by blocking export inc.....
Tags : Rajasthan High Court, Coercive Recovery of Remaining Custom Duty
Bombay HC: Revenue Cannot Invoke Extended Periods of Limitation for Recovery of Excise Duty(29.12.2021)
Bombay High Court has held that Revenue cannot invoke extended periods of limitation for recovery of excise duty as it has no direct or proximate rela.....
Tags : Bombay High Court, Recovery of Excise Duty
Delhi HC Grants Relief for Anil Ambani in Rs1,200 Crores Loan Recovery Case(28.08.2020)
Delhi High Court has granted relief to Reliance Communication’s chairman Anil Ambani and stayed the insolvency resolution process (IRP) proceedings ag.....
Tags : Delhi High Court, Loan Recovery Case
Calcutta HC Orders Mandatory Videography of Recovery Procedure Under NDPS Act(24.06.2022)
Calcutta High Court has directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the ent.....
Tags : Calcutta High Court, Videography, Recovery Procedure, NDPS
Worshipper can't Maintain Suit for Recovery of Possession of Temple Property: Kerala HC(07.01.2019)
Kerala High Court has allowed a second appeal on principle that a worshipper cannot maintain a suit for recover of possession of property dedicated to.....
Tags : Kerala High Court, Recovery of Possession of Temple Property
Allahabad HC Directs Govt to Take Appropriate Steps to Stop Fraudulent Recovery of Late Fees(20.10.2021)
Allahabad High Court has directed the Uttar Pradesh Government to take appropriate steps to stop the fraudulent practice being adopted by the colleges.....
Tags : Allahabad High Court, Fraudulent Recovery of Late Fees
Allahabad HC: Weapon's Recovery From Place in Exclusive Knowledge of Accused Makes Recovery Reliable(08.08.2022)
Allahabad High Court has held that if the place of hiding the weapon is exclusively within the knowledge of the accused and that place cannot be or is.....
Tags : Allahabad High Court, Weapon Recovery, Reliable
Bengaluru DRT Orders Banks to Start Recovering Loan From Vijay Mallya in Kingfisher Case(20.01.2017)
Debt Recovery Tribunal has ordered SBI-led consortium of banks to start process of recovering over Rs 6,203 crore, at 11.5 per cent annual interest ra.....
Tags : Debt Recovery Tribunal, Vijay Mallya, Kingfisher Case, Loan
Delhi HC Seeks Response on Plea Challenging Provisions of Recovery of Debts and Bankruptcy Act, 1993(13.09.2021)
Delhi High Court has sought response of the Centre on a plea challenging provisions of Recovery of Debts and Bankruptcy Act, 1993 regarding appointmen.....
Tags : Delhi High Court, Provisions of Recovery of Debts and Bankruptcy Act, 1993
Del HC: Scope of Writ Jurisdiction Cannot be Allowed to Trounce the Statutory Obligation(16.08.2023)
Delhi High Court while observing that scope of writ jurisdiction can’t be allowed to trounce the statutory obligation, on the stratagem of efficacious.....
Tags : Delhi High Court, Writ Jurisdiction, SARFAESI, Recovery Proceedings
Del. HC: No Bar on Jurisdiction of Civil Courts to Allow Suit for Recovery of Arrears of Maintenance(24.08.2023)
Delhi High Court while observing that once amount becomes due and payable, it becomes a legal debt, the recovery of which can be sought by way of a ci.....
Tags : Delhi High Court, Jurisdiction, Recovery, Maintenance
Bombay HC Upholds Centre’s Move to Shift DRT From Mumbai to Vashi(03.01.2017)
Bombay High Court has upheld Centre’s decision to shift one of the Debt Recovery Tribunals (DRT) from Mumbai to a new site at Vashi, stating it did no.....
Tags : Bombay High Court, Debt Recovery Tribunals
Supreme Court Asks Centre to Buckle Up Mechanism to Recover Bad Loans(03.01.2017)
Supreme Court has sought more clarity from Centre on the issue of tackling bad loans.
Tags : Supreme Court , Bad Loans , Debt Recovery
Supreme Court Seeks List of Loan Defaulters from Central Govt.(04.01.2017)
Supreme Court has asked Centre to give list of "corporate entities" against whom outstanding loans were in excess of Rs 500 crore, besides seeking emp.....
Tags : Supreme Court, Debt Recovery Tribunals, Bad Loans
CESTAT, Delhi Quashes Service Tax Commissioner Order Confirming Recovery of CENVAT Credit(26.08.2021)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has quashed the Service Tax Commissioner’s Order confirming recovery of CENVAT cre.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Order Confirming Recovery of CENVAT Credit
Delhi HC: No Recovery of IT Demand Relating to Issues Already Decided in Assessee’s Favour(04.08.2022)
Delhi High Court while upholding Central Board of Direct Taxes (CBDT) circular has quashed the recovery proceedings for the income tax (IT) demand rel.....
Tags : Delhi High Court, CBDT Circular, Recovery
Allahabad HC Stays Revenue Recovery Against NBFC and its Director for their Borrower’s Liability(13.11.2019)
Allahabad High Court has stayed the recovery proceedings started by the Ghaziabad Development Authority and District Magistrate, Ghaziabad against the.....
Tags : Allahabad HC, Recovery
CIVIL - Auction Sale can't be Held 3 Years After End of FY in which Recovery Certificate was Issued: Kerala H(22.02.2019)
Kerala High Court has set aside an auction sale held for recovery of arrears due to a bank on ground that it was done beyond the period of three years.....
Tags : Kerela High Court, Auction Sale, Debt Recovery Tribunal
CIVIL - Auction Sale can't be Held 3 Yrs After End of FY in which Recovery Certificate was Issued: Kerala HC(22.02.2019)
Kerala High Court has set aside an auction sale held for recovery of arrears due to a bank on ground that it was done beyond the period of three years.....
Tags : Kerela High Court, Auction Sale, Debt Recovery Tribunal
Delhi HC: Mere Recovery of Stridhan Can't be Sole Ground for Arresting Person(14.12.2021)
Delhi High Court has observed that the mere fact that recovery of stridhan is to be made from a person cannot be the sole ground for arresting him for.....
Tags : Delhi High Court, Mere Recovery of Stridhan
SC: Debts Recovery Tribunal Has No Power to Condone Delay in Filing Review Application(27.01.2020)
Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts.....
Tags : Supreme Court, Debt Recovery Tribunal's Power to Condone Delay, Review Application
Karnataka HC Disposes Off Recovery Proceedings Against Transport Corporation Employees(15.09.2021)
Karnataka High Court has disposed off a petition seeking to recover the revenue loss from Unions and Employees of the Bangalore Metropolitan Transport.....
Tags : Karnataka High Court, Recovery Proceedings Against Transport Corporation Employees
Allahabad HC: Weapon's Recovery from Place Unknown to Everyone Underlines Confirmation Theory(09.09.2022)
Allahabad High Court has held that recovery of weapon by accused from a place unknown to anybody else including the investigating officer is a fact th.....
Tags : Allahabad High Court, Recovery of Weapon, Confirmation Theory
Madras High Court: No Service Tax on Notice Pay Recovery by Employer from Employee(30.01.2020)
Madras High Court has ruled that the amount received by an employee from the employer on premature termination of the contract or notice pay recovery .....
Tags : Madras High Court, Service Tax on Notice Pay Recovery
SC: Accused Released on Anticipatory Bail Need Not Surrender and Seek Regular Bail for Recovery(31.01.2020)
Supreme Court has held that "limited custody" or "deemed custody" to facilitate the requirements of the investigative authority, would be sufficient f.....
Tags : Supreme Court, Recovery
Tripura HC Directs State to Take Steps to Recover Girl Allegedly Kidnapped & Taken to Bangladesh(29.11.2021)
Tripura High Court directed the Tripura police department to ensure her recovery at the earliest, while dealing with a habeas plea for recovery of a m.....
Tags : Tripura High Court, Recovery of Kidnapped Girl
Delhi HC Seeks Response on Functioning of Committee for Execution of Recovery Certificates(29.11.2021)
Delhi High Court has sought the response of Delhi Government on the functioning of a committee set up for implementing the directions issued for execu.....
Tags : Delhi High Court, Execution of Recovery Certificates
DRT Rejects Kingfisher’s Plea(11.07.2016)
Debt Recovery Tribunal (DRT), Bengaluru, has rejected interlocutory application filed by Kingfisher Airlines seeking permission to make amendment to i.....
Tags : Debt Recovery Tribunal , Kingfisher Airlines
SC: DRAT Cannot Entertain Appeal u/s 18 SARFAESI Act Without Insisting on Pre- Deposit(03.03.2020)
Supreme Court has observed that the Debt Recovery Appellate Tribunal cannot entertain an appeal under Section 18 of the Securitisation and Reconstruct.....
Tags : Supreme Court, Appeal before Debt Recovery Appellate Tribunal
Kerala HC Pulls State for Failure to Recover 5.2 Cr. Damages from PFI(20.12.2022)
Kerala High Court has pulled up the State over the delay in recovery of damages of Rs. 5.20 Crore from banned Popular Front of India (PFI) and its off.....
Tags : Kerala High Court, Popular Front of India (PFI), Recovery, Damages
Delhi HC: Tax deposited During Search is Not Voluntary(23.12.2022)
Delhi High Court while directing GST department to return amount of Rs. 1.80 crores along with 6% interest, has observed that no recovery of tax shoul.....
Tags : Delhi High Court, GST, Recovery, Voluntary
SC: Suit For Title Without Seeking Recovery of Possession Not Main. When Plaintiff Not in Possession(16.02.2024)
Supreme Court has reiterated that a suit that has been filed for declaration of title and the recovery of possession has not been sought is not mainta.....
Tags : Supreme Court, Recovery of Possession, Declaration of Title
Secured Creditor can File Winding Up Petition After Obtaining Recovery Certificate from DRT: SC(30.01.2019)
Supreme Court has held that a secured creditor can file a winding up petition after obtaining a decree from the Debts Recovery Tribunal (DRT) and a re.....
Tags : Supreme Court, Debt Recovery Tribunal
Telangana High Court has Stayed Debt Recovery Tribunal’s Order Against Karvy Stock Broking(02.01.2020)
Telangana High Court has given interim relief to Karvy Stock Broking against ICICI Bank’s plea for initiating debt recovery proceedings against the br.....
Tags : Telangana High Court, Debt Recovery Tribunal
Calcutta HC Directs Proceedings Against Recovery Officer for Rejecting Claim of Jute Mill Worker(16.11.2021)
Calcutta High Court has come down heavily on the Certificate Officer, an officer in the District Magistrate's Office, Howrah for denying the claim for.....
Tags : Calcutta High Court, Proceedings Against Recovery Officer
Delhi HC Grants Time to Frame Rules to Deal with High Value Cases In Debt Recovery Tribunals(25.11.2021)
Delhi High Court has granted six weeks time to the Central Government for coming up with the Rules to deal with high value cases, where the recovery i.....
Tags : Delhi High Court, High Value Cases In Debt Recovery Tribunals
Involuntary Statement Leading to Recovery has No Evidentiary Value: SC(15.01.2019)
Supreme Court has observed that there is no evidentiary value to an involuntary confessional statement made under undue pressure and compulsion from t.....
Tags : Supreme Court, Involuntary Statement Leading to Recovery
Del HC: Not More Than 3 Months Jail to be Given in Execution Petition for Recovery of Maintenance(05.02.2024)
Delhi High Court has held that a person cannot be sent to jail for more than three months, in case of non-payment of arrears of maintenance to the spo.....
Tags : Delhi High Court, Execution Petition, Recovery of Maintenance
Allahabad High Court Stays Recovery Notice to Man Accused of Damage to Public Property(14.02.2020)
Allahabad High Court has stayed the recovery notice issued to a Kanpur man accused of destroying public property during the anti- Citizenship Amendmen.....
Tags : Allahabad High Court, Recovery Notice, Citizenship Amendment Act Protests
Bombay High Court Pulls Up Ministry for Failure to Provide Infra For Debt Recovery Tribunals(14.02.2020)
Bombay High Court has come down heavily upon the central Government for failing to provide adequate infrastructure and manpower to the Debt Recovery T.....
Tags : Bombay High Court, Infrastructure for Debt Recovery Tribunals
Gujarat High Court Stays Recovery of Interest from Delayed Goods and Services Tax Payment(18.02.2020)
Gujarat High Court has stayed the recovery of interest on the delayed Goods and Services Tax payment from taxpayers who have filed their returns in Fo.....
Tags : Gujarat High Court, Recovery of Interest
Karnataka HC Advises Finance Ministry to Relook at OTS Norms for Loan Recovery(03.03.2021)
Karnataka High Court has advised the Ministry of Finance and the Reserve Bank of India to have a re-look into the norms of One Time Settlement Scheme .....
Tags : Karnataka High Court, OTS Norms for Loan Recovery
ITAT Jaipur: Crisis Due to Non-Recovery of Bank Dues a ‘Reasonable Cause’ for not Producing Documents(04.03.2021)
Income Tax Appellate Tribunal (ITAT), Jaipur has ruled that the crisis due to non-recovery of Bank Dues is a ‘Reasonable Cause’ for not producing docu.....
Tags : ITAT Jaipur, Non-Recovery
Kerala HC Stays Recovery Steps in Tax, SARFAESI Matters till April 6(20.03.2020)
Kerala High Court has passed a general order staying all coercive steps for recovery in Income Tax, Value Added Tax/Goods and Services Tax, Building T.....
Tags : Kerala High Court, Recovery Matters
Gujarat HC Declines Plea to Restrain Recovery Measures(23.03.2020)
Gujarat High Court has dismissed a Petition, seeking that all banks and financial institutions be directed not to initiate any auction/recovery procee.....
Tags : Gujarat High Court, Recovery Proceedings
SC: Criminal Law Not for Money Recovery(20.01.2023)
Supreme Court while observing that recovery of money is essentially within the realm of civil proceedings, has held that there is no justification in .....
Tags : Supreme Court, Money Recovery, Pre-Arrest Bail
Kerala HC: Recovery Proceeding Under Domestic Violence Act Only Ancillary Proceeding(22.04.2021)
Kerala High Court has held that recovery proceedings instituted under Section 20 of the Domestic Violence Act, 2005 would not operate as a bar on a Fa.....
Tags : Kerala High Court, Recovery Proceeding Under Domestic Violence Act
Lok Sabha Passes Bill Seeking Expeditious Recovery of Bad Loans by Banks(02.08.2016)
Lok Sabha has passed the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, which provid.....
Tags : Lok Sabha, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016
Delhi HC: Holding License for LMV Doesn’t Make Driver Competent to Drive Two Wheeler(15.02.2023)
Delhi High Court while setting aside award passed by MACT refusing to grant recovery rights to Insurance Co. against driver/owner of two-wheeler invol.....
Tags : Delhi High Court, License, Recovery, Insurance
Allahabad High Court: Can’t Decide Jurisdiction of DRTs Solely on the Basis of Location of Asset(15.04.2024)
Allahabad High Court has held that for entertaining application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enfo.....
Tags : Allahabad High Court, Debt Recovery Tribunals, Jurisdiction, SARFESI
Himachal HC Forms Norms for Probing Charas Recovery Cases(16.08.2016)
Himachal Pradesh HC, in order to ensure fairness in investigation of charas recovery cases, has formulated guidelines that during search, seizure, ar.....
Tags : Himachal Pradesh HC,, Charas Recovery Cases
President Gives Assent to Recovery Laws(19.08.2016)
President has given assent to the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016.
Tags : President, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016
Bombay High Court Questions Non-Working of Mumbai Debt Recovery Tribunal(24.07.2018)
Bombay High Court has questioned the shutdown of Debt Recovery Tribunal (DRT) following a fire in the said building premises over a month ago and expr.....
Tags : Bombay High Court, Debt Recovery Tribunal
Jharkhand HC: No Interest Recovery Without Show Cause Notice and Adjudication(04.05.2020)
Jharkhand High Court has held that the process of recovery of interest cannot be initiated against an assessee under the Central Goods and Services Ta.....
Tags : Jharkhand High Court, Interest Recovery
SC: There Cannot be Recovery of Cess Solely on Basis of CAG Report Without Statutory Adjudication(14.06.2021)
Supreme Court has held that there cannot be a recovery of cess solely on the basis of the report of the Comptroller and Auditor General (CAG) without .....
Tags : Supreme Court, Recovery of Cess
Delhi HC Stays DRAT Order Imposing Restrictions on Filing of Securatisation Application(11.04.2017)
Delhi High Court has stayed order of Debts Recovery Appellate Tribunal, wherein DRAT had held that a Securitization Application under Section 17 of SA.....
Tags : Delhi High Court, Debts Recovery Appellate Tribunal
Delhi HC Refuses to Entertain PIL on Recovery of Debt Owed by Pakistan Since Partition(22.03.2022)
Delhi High Court has refused to entertain a public interest litigation seeking recovery of Rs 1 trillion debt owed by Pakistan to India since the time.....
Tags : Delhi High Court, Recovery of Debt Owed by Pakistan
Delhi HC Seeks Response on Recovery of Damages on Public Properties from CAA Protestors(22.03.2022)
Delhi High Court has sought response of the Centre, Delhi government and police on a public interest litigation seeking direction to the authorities t.....
Tags : Delhi High Court, Recovery of Damages on Public Properties
Rajya Sabha Passes a Bill to Expedite Disposal of Debt Recovery Applications(10.08.2016)
Rajya Sabha has passed the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, which amen.....
Tags : Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, Rajya Sabha
Delhi HC: Deposit of 20% of Disputed Tax Not Pre-Condition for Stay of Recovery Proceedings(01.04.2022)
Delhi High Court has held that requirement to pay twenty per cent of disputed tax demand is not a pre condition in all cases for putting demand recove.....
Tags : Delhi High Court, twenty per cent of disputed tax, demand recovery
Debt Recovery Tribunal asks Vikram Bakshi, McDonald's India to Deposit Settlement Funds(20.05.2019)
Debt Recovery Tribunal, Delhi has asked Connaught Plaza Restaurants’ Managing Director Vikram Bakshi and McDonald’s India to appear before it and depo.....
Tags : Debt Recovery Tribunal, McDonalds
Top Court: Non Payment of Debt After Issuance of Recovery Certificate not 'Continuing Wrong'(13.09.2019)
Top Court has ruled that non-payment of debt after the issuance of recovery certificate cannot be regarded as a continuing wrong so as to give rise to.....
Tags : Top Court, Recovery Certificate
SC: Certificate of Recovery in Favour of Financial Creditor Gives Fresh Cause to Initiate CIRP(05.08.2021)
Supreme Court has observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery i.....
Tags : Supreme Court, Certificate of Recovery in Favour of Financial Creditor
Supreme Court: Debt Recovery Tribunal to be Established in Jammu and Kashmir(05.08.2024)
Supreme Court while hearing a plea against the Jammu and Kashmir and Ladakh High Court's decision to allow challenges to actions under the SARFAESI Ac.....
Tags : Supreme Court, Debt Recovery Tribunal, Jammu and Kashmir
Orissa HC: No Jurisdiction on Consumer Commission to Entertain Matters Under SARFAESI Act(03.07.2024)
Orissa High Court has observed that any suit or proceeding which can be entertained by the Debt Recovery Tribunal or the Appellate Tribunal cannot be .....
Tags : Orissa High Court, SARFAESI Act, Debt Recovery Tribunal
Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)
Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....
Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand
Karnataka HC Summons Vijay Mallya to Appear on 24 November(21.10.2016)
Karnataka High Court has summoned Vijay Mallya to appear before it on 24 November for allegedly violating an “oral undertaking” given before Bengaluru.....
Tags : Karnataka High Court, Vijay Mallya, Debt Recovery Tribunal
Allahabad High Court Disallows Parallel Proceedings in NCLT and DRT(12.09.2017)
Allahabad High Court has barred parallel proceedings in National Company Law Tribunal (NCLT) and the Debt Recovery Tribunal (DRT) in a case between St.....
Tags : Allahabad High Court, National Company Law Tribunal, Debt Recovery Tribunal
Karnataka HC Directs Gulbarga Electricity Company to Reconsider Decision on Recovery of Dues(13.07.2021)
Karnataka High Court has directed the Gulbarga Electricity Supply Company Limited to reconsider its decision to recover unpaid electricity dues of the.....
Tags : Karnataka High Court, Recovery of Electricity Dues
SC: Limitation Period of 2 Years to be Applicable on Dues Incurred after Enforcement of 2003 Act(07.11.2024)
Supreme Court has held that the limitation period of two years prescribed for recovery of dues under Section 56 of the Electricity Act, 2003 would app.....
Tags : Supreme Court, Electricity Act, Recovery of Dues
Kar. HC: Bank Can't Seek Issue of Look Out Circular Unless Economic Interest of Country Is Involved(29.06.2022)
Karnataka High Court has held that the request for issuance of a Look-out Circular or preventing defaulter of loan from travelling abroad cannot be a .....
Tags : Karnataka High Court, Look Out Circular, Recovery
Cal HC: Look-Out Circulars Should be Issued Only in Exceptional Cases; Can’t be a Recovery Norm(14.06.2023)
Calcutta High Court while observing that Look-Out Circulars causes an immediate and irrevocable violation of a person’s fundamental right to movement,.....
Tags : Calcutta High Court, Look-Out Circulars, Recovery Norm
Supreme Court Expresses Concern Over Finance Ministry Treating DRT as its Subordinate(01.10.2024)
SC while expressing concern over a report revealing that DRT was being treated as subordinate dept. of Ministry of Finance, has observed that only bec.....
Tags : Supreme Court, Debts Recovery Tribunal, Subordinate Department