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Articles for Drt, search results for judgment

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
8 months, 1 week ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

Live Law  

Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that …

Supreme Court Constitution High Courts Court Bank Courts Statutory
Supreme Court Weekly Round Up- November 22 To November 28, 2021
3 years ago

Supreme Court Weekly Round Up- November 22 To November 28, 2021

Live Law  

Arbitrator Cannot Modify Award On An Application Under Section 33 Arbitration Act: Supreme CourtCase name: Gyan Prakash Arya vs Titan Industries Limited Citation: LL 2021 SC 669The Supreme Court observed that an Arbitrator cannot modify an Arbitration award on an application filed under Section 33 of the Arbitration and Conciliation Act. Arbitrator Cannot Modify Award On An Application Under Section …

Delhi Supreme Court Land Use Evidence Gujarat Medical Evidence Haryana
Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court
3 years, 4 months ago

Money Decree/Certificate Of Recovery In Favour Of Financial Creditor Gives Fresh Cause Of Action To Initiate CIRP U/s 7 IBC: Supreme Court

Live Law  

The Supreme Court observed that a judgment and/or decree for money in favour of the Financial Creditor, or the issuance of a Certificate of Recovery in its favour, would give rise to a fresh cause of action for the Financial Creditor, to initiate proceedings under Section 7 of the IBC for initiation of the Corporate Insolvency Resolution Process. The court …

Supreme Court Judgment Corporate Financial Recovery Court Limitation
DRT Cannot Adjudicate Civil Rights Claimed Vis-a-Vis Security Interest Which Are Outside Sec 13/17 SARFAESI : Bombay High Court
3 years, 8 months ago

DRT Cannot Adjudicate Civil Rights Claimed Vis-a-Vis Security Interest Which Are Outside Sec 13/17 SARFAESI : Bombay High Court

Live Law  

A division bench of the Bombay High Court has delivered an elaborate judgment on the issue of the jurisdiction of the civil courts vis-a-vis the Debts Recovery Tribunal with respect to the security interest under the SARFAESI Act.A division bench comprising Justices SB Shurke and Avinash G Gharote was deciding the following question which was referred to in view of …

Security Jurisdiction Property Court Rights Civil Specific Performance
Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment
4 years ago

Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment

Live Law  

Overruling a Full Bench decision of Delhi High Court, the Supreme Court has observed that the disputes which are to be adjudicated by the Debt Recovery Tribunal under the DRT Act are non-arbitrable.To hold that the claims of banks and financial institutions covered under the DRT Act are arbitrable would deprive and deny these institutions of the specific rights including …

Supreme Court Arbitration Judgment Recovery Court Rights Financial Institutions
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
4 years ago

Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court

Live Law  

In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment in Himangni Enterprises case to hold that landlord-tenant disputes are arbitrable except when they are covered by specific forum created by rent control laws. In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment into hold that landlord-tenant disputes are arbitrable except …

Supreme Court Arbitration Property Court Rights Control Transfer
DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car
4 years, 1 month ago

DRT Ahmedabad Imposes Cost of Rs. 10K Upon Advocate For Appearing In Virtual Hearing From His Car

Live Law  

The Presiding Officer DRT-I Ahmedabad, Vinay Goel on Tuesday imposed a cost of Rs. 10,000 upon Mr. Gori for attending the virtual hearing from his Car" The Court placed reliance upon the Judgment of Gujarat High Court in Misc. The Bar Council of Gujarat and the Bar Association of High Court shall inform the advocates to maintain a dignified decorum …

Video Court Video Conferencing Gujarat Cost Hearing High
[2020 Tribunal Rules] AG Defends Exclusion Of Advocates From Appointment To Single-Member Tribunals, SC Reserves Judgment [Read Order]
4 years, 2 months ago

[2020 Tribunal Rules] AG Defends Exclusion Of Advocates From Appointment To Single-Member Tribunals, SC Reserves Judgment [Read Order]

Live Law  

The Supreme Court on Friday reserved judgment on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. "A tenure of three years may be suitable for a retired Judge of High Court or the Supreme Court …

High Court Judgment Constitution Tribunals Judge Rules Tribunal