1978 0 Supreme(SC) 29 • India - Supreme Court

P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI

the person concerned to be heard but as soon as the order impounding the passport is made an opportunity of being heard remedial ... passport should be furnished to the person concerned - order impounding the passport should satisfy the mandate of natural justice ... article 14 of the constitution - the passport authority may proceed to impound passport without giving any prior opportunity to ... ....

1994 0 Supreme(SC) 697 • India - Supreme Court

M. N. VENKATACHALIAH, S. MOHAN, M. M. PUNCHHI

Before doing so, as rightly urged by this appellant ought to have been heard - Therefore there is a clear violation of the principle ... M&N Publications Limited against the judgment also did not appear to have made any strictures - There was nothing on the record ... The company appears to have been punished for no sin of its. ... Having realised that this decision will patently be unacceptable a relaxation was made on 9/10/1992 o....

1993 0 Supreme(SC) 906 • India - Supreme Court

B. P. JEEVAN REDDY, K. RAMASWAMY, M. N. VENKATACHALIAH, P. B. SAWANT, S. MOHAN

it after requiring him to furnish reasonable security - Evidence in support of it and any evidence which accused may adduce in his ... and finding had to be recorded on each charge - However, there was no provision made in Rules for hearing the delinquent officer ... natural justice – Court may first refer to statutory development of law - It is not necessary to refer to law prior to#HL_....

2004 1 Supreme 243 • India - Supreme Court

V. N. KHARE, D. M. DHARMADHIKARI, S. B. SINHA

allowing any person to drive a vehicle who did not have a valid driving licence. ... such person, the insurer is entitled to succeed in its defence and avoid liability. ... It cannot be said that a person holding a learner s licence is not entitled to drive the vehicle. ... In a case where the assured became bankrupt and if the injured person had not already obtained judgment and levied execution of his ... It was realised....

1994 0 Supreme(SC) 1 • India - Supreme Court

S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN

, Provisions relating to appointment of a person as Designated Court are clear yet in written arguments it was pointed out that some ... to entertain petition to determine if proceedings were not an abuse of process of court - But while exercising discretion court must ... his choice and the payment of fee should be either made by State or if made by accused it should be reimbursed - Court #HL_STA....

2019 0 Supreme(Mad) 1237 • India - Madras

R.SUBBIAH, B.PUGALENDHI

Company availed as loan - As against the said loan, valuable properties/assets of the said Company were given as "primary security ... Insolvency and Bankruptcy Code,2016 – Section 14,14(3),52,52(4),53(1)(e)(i) and 53(1)(b)(ii) - Petitioners ... sale - Further, we reiterate that when the personal properties of the guarantors stand outside the scope of liquidation, as stated ... and identify the asset, subject to such security #HL_ST....

2022 0 Supreme(Ker) 361 • India - Kerala

ANIL K. NARENDRAN, P. G. AJITHKUMAR

to recourse to Section 13(4) of the SARFAESI Act, including sale of security interest, is not affected. ... Financial Assets and Enforcement of Security Interest Act, 2002 - Section 13, 13(8) and 26E – Loan - Attachment of property - Possession ... - The bar to create any lien, charge or liability on the property, after receipt of a notice under Section 13(2) of....

2021 1 Supreme 584 • India - Supreme Court

ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH

– Denial of status as financial creditor – A person having only security interest over assets of corporate debtor, even if falling ... within description of 'secured creditor' by virtue of collateral security extended by corporate debtor, would not be covered by ... or discharge liability, of a third person in case of his default – Present is n....

2022 0 Supreme(Del) 2071 • India - Delhi

SANJEEV NARULA

SARFAESI Act - Recovery Action - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act ... the approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 on the bank's recovery action under the SARFAESI ... Act, contending that the approval of a resolution plan under the Insolvency and Bankruptcy Code discharged the bank's claims. ... Fina....

2020 0 Supreme(Mad) 544 • India - Madras

M.M.SUNDRESH, R.HEMALATHA

Insolvency and Bankruptcy Code - Corporate Debtor - Section 9, Section 29A, Section 33, Section 14, Section 13(2), Section 13( ... Ratio Decidendi: The court relied on the interpretation of key legal provisions such as Section 14 of the Insolvency and Bankruptcy ... The court also held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code did not apply to the guarantor's assets ... It is their ....

1836 0 Supreme(SC) 4 • India - Supreme Court

LORD BROUGHAM, BARON PARKE, BOSANQUET, SIR E.SMITH, SIR A.JOHNSTON

Act, which provides, " that where there has been mutual credit given by the bankrupt and any other person, or where there are mutual debts between the bankrupt and any other person," one debt or demand may be net against another. ... every debt or demand hereby made proveable against the estate of the bankrupt may also be set off, in manner aforesaid, against such estate, provided that the person claiming the benefit of such set-off had not, when such credit was given....

2025 Supreme(Online)(NCLT) 8024 • India - National Company Law Tribunal

SH. RAJEEV BHARDWAJ, J, SH. SANJAY PURI, T

(2) An application under sub-section (1) made in respect of a debt which is secured, shall be accompanied with-(a) a statement by the creditor having the right to enforce the security that he shall, in the event of a bankruptcy order being made, give up ... his security for the benefit of all the creditors of the bankrupt; or(b) a statement by the creditor stating-(i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and (ii) an estimated value of the unsecured pa....

2026 Supreme(Online)(NCLT) 531 • India - National Company Law Tribunal

being made, give up his security for the benefit of all the creditors of the bankrupt; or (b) a statement by the creditor stating-(i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and (ii) an estimated value of the unsecured ... (2) An application under sub-section (1) made in respect of a debt which is secured, shall be accompanied with-(a) a statement by the creditor having the right to enforce the security that he shall, in the event of a bankruptcy order .....

2025 Supreme(Online)(NCLT) 7858 • India - National Company Law Tribunal

SH. RAJEEV BHARDWAJ, SH. SANJAY PURI, JJ

(2) An application under sub-section (1) made in respect of a debt which is secured, shall be accompanied with-(a) a statement by the creditor having the right to enforce the security that he shall, in the event of a bankruptcy order being made, give up ... his security for the benefit of all the creditors of the bankrupt; or (b) a statement by the creditor stating-(i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and (ii) an estimated value of the unsecured p....

1940 0 Supreme(Nagpur) 8 • India - Nagpur

If after having valued his security he subsequently realises it and the net amount realised is not the same as the valuation, provision is made for correcting the valuation. ... The end of the lease occurred 8 years after the bankrupt had become an insolvent. ... His normal right is to realise his security and then to prove for the balance, and until he has realised his security he can oppose a discharge. It is difficult to see how a Court could discharge an insolvent....