recovery Archives | SCC Times

Bombay High Court refuses to exercise power under Art 226 and deprecates filing another petition when it failed to get relief from Delhi High Court

The entire trajectory of this case must be deprecated. When a principle challenge against the termination fails and while an appeal is pending, one distress warrant is challenged in Delhi only to be allegedly later withdrawn and other distress warrants are now brought before this Court.

Case Briefs High Courts

[S.156(3) CrPC] Bombay High Court| Affidavit not in compliance with Chapter VII of the Criminal Manual is deemed non-compliance with the mandatory requirement of filing an affidavit

There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.

Case Briefs High Courts

Delhi High Court stays CCI’s order for recovery of Rs. 223.48 crore from MakeMyTrip Private Limited

The Delhi High Court stayed the recovery of a Rs. 223.48 crore penalty imposed by Competition Commission of India (CCI) on MakeMyTrip (P) Ltd. for abuse of its dominant position.

Case Briefs High Courts

Bombay High Court grants bail to Nigerian national who spent 2 years in jail on NDPS charges due to a typing error in forensic report; asks State to come up with compensation proposal

Bombay High Court: Bharati Dangre, J. directed to release a Nigerian National on bail who was arrested in 2020 under the Narcotic

Case Briefs Supreme Court

Can employer recover excess increment granted on account of error after 10 years of retirement of the employee? Supreme Court decides

Supreme Court: Reversing the concurrent findings of the Single Judge and Division Bench of Kerala High Court, the Bench of S. Abdul

Case Briefs High Courts

MP HC | Illicit deduction of amount from the retiral dues; Directions issued to refund the amount

Madhya Pradesh High Court: Sushrut Arvind Dharmadhikari, J. allowed a writ petition which was filed assailing the legality, validity and propriety of

Experts Corner Khaitan & Co

Evolving Jurisprudence in Connection with SARFAESI vis-à-vis Pending Statutory Dues

by Rahul Chakraborti†, Prashamsha Tulachan†† and Saumya Agarwal†††
Cite as: 2022 SCC OnLine Blog Exp 27

Case Briefs Supreme Court

Trap party recovers tainted currency notes from Tax Officer accused of demanding bribe. Read why Supreme Court acquitted the officer in spite of proved recovery

Supreme Court: In an interesting case relating to corruption, the Division Bench of Ajay Rastogi and Abhay S. Oka*, JJ., acquitted a

Op Eds OP. ED.

Procedural Compliances in relation to Search, Seizure and Arrest under NDPS Act, 1985

by Kapil Madan†, Gurmukh Singh Arora†† and Pulkit Pandey†††
Cite as: 2021 SCC OnLine Blog Exp 70

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Notice issued to Financial Creditor for failing to reach settlement despite accepting settlement amount; filing of S. 7 IBC application with malicious intent to be considered

National Company Law Appellate Tribunal (NCLAT): The Coram comprising of Justice S.J. Mukhopadhaya, Chairperson and Alok Srivastava, Member (Technical), while deciding an

Case Briefs High Courts

Ker HC | Further investigation ordered as prior investigation not proper by IO

Kerala High Court: A Bench comprising of K. Abraham Mathew, J. allowed further investigation to the petitioner as the prior investigation was

Case Briefs High Courts

Any cess levied under a repealed Act is impermissible: Meghalaya HC

Meghalaya High Court: A Division Bench comprising of Mohammad Yaqoob Mir, CJ and S.R. Sen, J. dismissed a petition on being infructuous.

Case Briefs High Courts

Recovery of the weapon is not an essential ingredient for conviction under Section 397 IPC

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J. dismissed a criminal appeal while upholding the conviction and

Case Briefs High Courts

Excess payment made to a retired employee can’t be recovered from his pensionary benefits, unless grounds of fraud or misrepresentation are involved

Calcutta High Court: The writ petition was preferred by a primary school teacher, aggrieved that an amount of Rs. 68, 556 was

High Courts

Recovery of excess amount paid held violative of Art. 14 of the Constitution

Himachal Pradesh High Court: In an interesting case where petitioner has filed a writ petition seeking quashing of order for recovery of vacation

Tribunals/Commissions/Regulatory Bodies

Bank entitled to choose between the guarantor and the borrower for recovery of dues

National Consumer Disputes Redressal Commission (NCDRC): “It is the choice of the bank to recover the money either from the guarantor or