News Muncher - searching for unamended

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

Live Law

The Supreme Court has stated that the right of a borrower to redeem the secured asset can be exercised only till a notice for the sale of the mortgaged property is published in terms of Rule 9 of the Security Interest Rules, 2002. The Court observed that till the 2016 amendment to the Securitisation and Reconstruction of Financial Assets and …

Supreme Court Court Right Supreme Act Asset Redeem

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

Live Law

The Supreme Court has stated that the right of a borrower to redeem the secured asset can be exercised only till a notice for the sale of the mortgaged property is published in terms of Rule 9 of the Security Interest Rules, 2002. The Court observed that till the 2016 amendment to the Securitisation and Reconstruction of Financial Assets and …

Supreme Court Court Sale Right Supreme Act Asset

2 months, 2 weeks ago

Arbitrator's Disqualification: Non-Disclosure of Affiliation a Ground for Disqualification Under Section 12 of the Arbitration Act

Live Law

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. Such a per se ineligibility, which has been statutorily recognized under the amended provision, was not in …

Law Arbitration Disqualification Non-Disclosure Udaipur

2 months, 2 weeks ago

Dispute on Ineligibility of Arbitrator in Coal Trading Dispute

Live Law

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. Such a per se ineligibility, which has been statutorily recognized under the amended provision, was not in …

Law Arbitration Disqualification Independent Arbitrator Udaipur

2 months, 3 weeks ago

Supreme Court Recalls 2022 Judgment on Benami Transactions Act, 1988

Live Law

The Supreme Court has recalled its 2022 judgment in Union of India vs Ganpati Dealcom Pvt. Ltd, which struck down Sections 3(2) and 5 of the Benami Transactions (Prohibition) Act 1988 as unconstitutional. The bench noted that the Constitutionality of the provisions of the unamended Act was never raised in the original proceedings, and that the review petition was allowed …

Law Constitutional Law Benami Transactions Review of Judgment New Delhi

5 months, 3 weeks ago

‘Big brother’ to ‘Brother’, a Nepal-India reset

The Hindu

Relations between India and Nepal have dipped severely since 2015 when Narendra Modi and Khadga Prasad Oli were both Prime Ministers. Indian exceptionalism having long preceded Mr. Modi, going back to Jawaharlal Nehru’s diktats to Kathmandu’s bickering politicians, New Delhi should have known by now that manufacturing consent in Nepal is a lost cause. Returning from an official visit to …

India China Delhi Nepal South Asia Indian South

8 months, 2 weeks ago

Should Legislature Specifically Delete Provisions Which Are Struck Down By Courts? Supreme Court Discusses

Live Law

A Supreme Court 9-Judge Constitution bench on Thursday, while hearing the issue of interpretation of Article 39, pondered whether the legislature needed to pass necessary amendments to delete a provision from the statute book after it has been struck down by the Court as unconstitutional.The matter is being heard by a bench of Chief Justice of India DY Chandrachud,. A …

Law Supreme Court Constitution Court Amendment Legislature Parliament

8 months, 3 weeks ago

S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies

Live Law

The Allahabad High Court has held that jurisdiction of the Debt Recovery Tribunal to entertain application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be based solely on the location of the secured asset. The Court held that the insertion of Section 17 of the SARFAESI Act has an overriding …

Jurisdiction Recovery Court Bank Lucknow Application Tribunal

10 months, 1 week ago

Government's overhaul of stage 3 tax cuts pass Senate

ABC

In short: The government's amendments to stage three tax cuts have passed the Senate. The government's amendments to stage three tax cuts have passed the Senate. The government's overhaul of the stage 3 tax cuts passed the Senate unamended on Tuesday evening, having previously passed in the House of Representatives. It's a political victory for the federal government, which spent …

Tax Senate Pass Stage Cuts Tax Cuts Dunkley

1 year, 2 months ago

SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court

Live Law

The Supreme Court, while deciding an appeal, settled the issue of right of redemption of a mortgaged property by a borrower under the unamended Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. The Bench comprising of Justices Vikram Nath and Rajesh Bindal clearly held that as per the unamended Section 13 …

Supreme Court Property Court Sale Bank Auction Right

1 year, 3 months ago

The three documents that explain how things stand in Kashmir today

Live Mint

I will attempt to break down the constitutional changes to Article 370 and highlight some key legal issues surrounding them. Under Article 370, constitutional provisions could be applied to the state from time to time, as modified by the President through a Presidential Order and upon the concurrence of the state government. Sub-clause 4 stipulates that ‘in proviso to clause …

Assembly Constitution Kashmir State Jammu 370 Article

1 year, 7 months ago

Boris Johnson’s resignation honours list branded ‘sickening insult’

The Independent

Sign up for the View from Westminster email for expert analysis straight to your inbox Get our free View from Westminster email Get our free View from Westminster email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Labour’s Angela Rayner called Boris Johnson’s resignation honours list a “sickening …

Prime Labour Minister List Johnson Honours Westminster Email

1 year, 9 months ago

Reassessment Notices Issued After Elapse Of Six Years: Gujarat High Court Quashes Assessment

Live Law

The Gujarat High Court has held that the reassessment notices were issued after the lapse of six years and are therefore time-barred.The single bench of Justice Sonia Gokani has observed that the board's circulars and instructions are binding only on the departmental authorities and not on the court or the assessee.The petitioners/assessees challenged the reassessment notice dated July 26,. The …

Tax Court Reassessment Assessment Income Notices Notice

1 year, 11 months ago

Centre Seeks Review Of SC Judgement Declaring Section 3(2) Of Benami Transactions Prohibition Act As Unconstitutional

Live Law

The Central Government has filed a petition seeking review of the Supreme Court judgement which had declared that Section 3 of the Benami Transactions Act 1988 as unconstitutional on the ground of being manifestly arbitrary. Through the judgement which has now been challenged, a bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli had …

Justice Court Benami Transactions Amendment Act Prohibition 2016

2 years, 3 months ago

Supreme Court Refuses To Entertain Challenge Against Bihar Cricket Association Election; Allows Petitioner To Avail Other Remedies

Live Law

In a plea assailing the outcome of the elections of the Bihar Cricket Board that took place on 25.09.2022, the Supreme Court, recently, granted liberty to the petitioner to approach the appropriate forum to seek remedy. Senior Advocate, Mr. Anupam Lal Das, appearing on behalf of the applicant contended that the electoral college for the Bihar Cricket Board election was …

Cricket Bihar Constitution Court Election Electoral Officer

2 years, 3 months ago

Madhya Pradesh High Court Quashes 2022-23 NEET Merit List Of PG Medical Admissions Prepared By State Govt

Live Law

The Madhya Pradesh High Court on Thursday quashed the entire merit list prepared by the State Government for the In-Service Doctors of the ongoing PG-Medical Course Counselling for the Session 2022-23. The State Government had excluded all those Government Doctors & Medical Officers from the Merit List of eligible doctors for 30% In-Service Reservation compartment, who had served in the …

Medical Admission Doctors Rules State List Merit

2 years, 3 months ago

Supreme Court Reserves Judgment On WB Govt Appeal Against HC Judgment Ousting Vice-Chancellor of Calcutta University

Live Law

The Supreme Court, on Friday, reserved judgment in the petition filed by the State of West Bengal assailing the order of the Calcutta High Court, whereby the decision of the State to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor of Calcutta University was set aside. Senior Advocate, Mr. Singhvi appearing on behalf of the State of West Bengal apprised the Bench …

Supreme Court Judgment Court West Bengal Power State Kumar

2 years, 6 months ago

Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court

Live Law

The Delhi High Court has reiterated that a voluntary statement made before the revenue authorities cannot substitute a statutory pre-show cause consultation notice, as contemplated under Rule 142 of the CGST Rules, 2017, as it stood before 15.10.2020. The Division Bench of Justices Rajiv Shakdher and Tara Vitasta Ganju dismissed the contentions of the revenue department that because the petitioner's …

Court Consultation Delhi High Court Statement Revenue Statutory Cause

2 years, 7 months ago

Order XIV Rule 2 CPC - Res Judicata Plea Cannot Be Determined As Preliminary Issue When It Is A Mixed Question Of Fact & Law : Supreme Court

Live Law

The Supreme Court observed that a plea of res judicata cannot be determined as preliminary issue when it is a mixed question of law and fact.Preliminary issues can be those where no evidence is required and on the basis of reading of the plaint or the applicable law, if the jurisdiction of the Court or the bar to the suit …

Law Court Civil Procedure Res Judicata Order Mixed Issue

2 years, 8 months ago

Right To Establish An Educational Institution Can Be Regulated To Ensure Maintenance Of Proper Academic Standards, Atmosphere & Infrastructure: Supreme Court

Live Law

The Supreme Court observed that the right to establish an educational institution can be regulated to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. High Court judgment The grounds on which the High Court struck down amended Regulation 6 are: it is violative of Article 19 of the Constitution of India; that it …

India Infrastructure Supreme Court High Court Court Regulation Maintenance

3 years ago

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl

Op India

The Delhi HC on Monday affirmed a father-uncle duo convicted for sodomising the minor daughter of one of the accused but absolved them of gang rape reasoning that there was no penile-vaginal penetration, a prerequisite for rape charge under the unamended Section 375 of Indian Penal Code. A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani was hearing an …

Court Rape Minor Girl Gang Rape Section 375

4 years, 7 months ago

Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]

Live Law

The Delhi High Court on Friday held that the Prevention of Corruption Act, 2018, so far as it substitutes Section 13 of the principal Act, does not operate in a retrospective manner. Section 13 of the Prevention of Corruption Act, 1988 originally stated, "A public servant is said to commit the offence of criminal misconduct,- if he, - by corrupt …

Court Public Interest Criminal Misconduct Amendment Public Act

4 years, 9 months ago

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Live Law

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The Delhi High Court in ) has discussed anamendment introduced to Section 8 of the Arbitration Act, wherein a time period has been fixed for filing of an application for reference to arbitration in cases where an arbitration …

Arbitration Court Applications Application Statement Limitation Period

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Search results for unamended

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

SARFAESI | Borrower's Right Of Redemption Available Only Till Notice For Sale Of Mortgaged Asset Is Published : Supreme Court

Arbitrator's Disqualification: Non-Disclosure of Affiliation a Ground for Disqualification Under Section 12 of the Arbitration Act

Dispute on Ineligibility of Arbitrator in Coal Trading Dispute

Supreme Court Recalls 2022 Judgment on Benami Transactions Act, 1988

‘Big brother’ to ‘Brother’, a Nepal-India reset

Should Legislature Specifically Delete Provisions Which Are Struck Down By Courts? Supreme Court Discusses

S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies

Government's overhaul of stage 3 tax cuts pass Senate

SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court

The three documents that explain how things stand in Kashmir today

Boris Johnson’s resignation honours list branded ‘sickening insult’

Reassessment Notices Issued After Elapse Of Six Years: Gujarat High Court Quashes Assessment

Centre Seeks Review Of SC Judgement Declaring Section 3(2) Of Benami Transactions Prohibition Act As Unconstitutional

Supreme Court Refuses To Entertain Challenge Against Bihar Cricket Association Election; Allows Petitioner To Avail Other Remedies

Madhya Pradesh High Court Quashes 2022-23 NEET Merit List Of PG Medical Admissions Prepared By State Govt

Supreme Court Reserves Judgment On WB Govt Appeal Against HC Judgment Ousting Vice-Chancellor of Calcutta University

Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court

Order XIV Rule 2 CPC - Res Judicata Plea Cannot Be Determined As Preliminary Issue When It Is A Mixed Question Of Fact & Law : Supreme Court

Right To Establish An Educational Institution Can Be Regulated To Ensure Maintenance Of Proper Academic Standards, Atmosphere & Infrastructure: Supreme Court

Delhi HC upholds conviction against father-uncle duo for sodomising minor girl

Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?