24 February 2020


Search Results for Tag : Recovery

Judgments

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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News

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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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