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Writ Of Certiorari Can Be Issued Even If Lis Is Between Two Private Parties: Calcutta High Court Reiterates
1 year, 10 months ago

Writ Of Certiorari Can Be Issued Even If Lis Is Between Two Private Parties: Calcutta High Court Reiterates

Live Law  

The Calcutta High Court on Thursday issued a writ of certiorari against a private entity on the ground that it has violated the petitioner’s right to a fair hearing. Basappa v. T. Nagappa; AIR 1954 SC 440 to reiterated that the Writ of Certiorari can be issued even if the lis is between two private parties. Besides, cutting an adjudication …

Court Order Petitioner Drt Lis Certiorari
Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court
2 years, 2 months ago

Recovery Certificate Under Debt Recovery Act Is Not Limited To Winding Up Proceedings Only But Extends To IBC: Clarifies Supreme Court

Live Law  

Recently, the Supreme Court in the case of Kotak Mahinda Bank Limited vs A. Balakrishnan & another has held that any liability arising out of a recovery certificate needs to be treated as financial debt within vis-à-vis clause of Section 5 of the Insolvency and Bankruptcy Code, 2016 and the holder of recovery certificate would be a financial creditor within …

Supreme Court Court Proceedings Legislature Supreme Act Limited
Sanjay Bansal & Anr. v Union of India & Ors : Delhi High Court Urged DRT Delhi To Hear The Case On Merits
2 years, 3 months ago

Sanjay Bansal & Anr. v Union of India & Ors : Delhi High Court Urged DRT Delhi To Hear The Case On Merits

Live Law  

Sanjay Bansal, a litigant, was constrained due to the non-functioning of the Debt Recovery Tribunal- I, New Delhi for several months, and therefore, he invoked the writ jurisdiction of the Delhi High Court. He complained that despite of his legitimately acquired property through a bank auction, Piramal Capital and Housing Finance Limited have issued a possession notice and further approached …

Delhi Court Petitioner Drt Piramal Capital And Housing Finance Limited
Allegations Levelled Against Secured Creditors Can Always Be Examined By DRT Headed By Judicial Officer Of Same Level As A District Judge: Punjab & Haryana High Court
2 years, 4 months ago

Allegations Levelled Against Secured Creditors Can Always Be Examined By DRT Headed By Judicial Officer Of Same Level As A District Judge: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that allegations levelled against the secured creditors can be examined by the DRT and where there is an express bar to the jurisdiction of Civil Court, the same cannot be permitted by alleging fraud played by the secured creditors. The allegations levelled against the secured creditors can always be examined by the DRT …

Court Level Civil Court Creditors Section 17 Secured Drt
Bombay High Court Monthly Digest: June 2022 [Citations 199 - 239]
2 years, 5 months ago

Bombay High Court Monthly Digest: June 2022 [Citations 199 - 239]

Live Law  

NOMINAL INDEX Pravin Sahebrao Bhogawade v The State of Maharashtra 2022 LiveLaw 199 Nauman Suleman Khan v State of Maharashtra & anr 2022 LiveLaw 200 Dr. Lekha Rajesh Visaria v The State of Maharashtra and Ors. S.106 Evidence Act | Husband Can't Be Asked To Explain Wife's Death In Their House Unless Prosecution Establishes Prima Facie Case: Bombay High Court …

India High Court Evidence Act Maharashtra Bombay High Court Title Railway