Prospective customs notification amendments cannot bar provisional release consideration for earlier imports when bills of lading predate their commen...
Personal guarantor insolvency jurisdiction follows the corporate debtor's CIRP Bench, enabling inter-territorial transfer and preventing parallel proc...
Section 47-A undervaluation threshold: fraudulent intent requirement faces reconsideration after referral to a larger Bench for authoritative resoluti...
RBI supersession powers over multi-State co-operative banks operate independently of the constitutional six-month ceiling and permit statutory extensi...
Contractual self-help repossession of a hypothecated vehicle remains subject to fair-recovery safeguards, including prior notice, an opportunity to cure default, peaceful possession and a transparent sale process. A repossession clause permitting possession without notice, unrestricted entry to locate the vehicle, unspecified recovery or sale procedures, and unilateral waiver of notice cannot validate recovery outside those safeguards. Night-time removal by breaking a steering lock without a possession memorandum, and without the stipulated notice, constitutes unauthorised and arbitrary recovery. Delay alone cannot defeat a challenge where criminal remedies were promptly pursued and no prejudice is shown. Arbitrary repossession of a livelihood vehicle may justify restorative and compensatory relief, although a completed sale may remain undisturbed.
Contractual self-help repossession of a hypothecated vehicle remains subject to fair-recovery safeguards, including prior notice, an opportunity to cure default, peaceful possession and a transparent sale process. A repossession clause permitting possession without notice, unrestricted entry to locate the vehicle, unspecified recovery or sale procedures, and unilateral waiver of notice cannot validate recovery outside those safeguards. Night-time removal by breaking a steering lock without a possession memorandum, and without the stipulated notice, constitutes unauthorised and arbitrary recovery. Delay alone cannot defeat a challenge where criminal remedies were promptly pursued and no prejudice is shown. Arbitrary repossession of a livelihood vehicle may justify restorative and compensatory relief, although a completed sale may remain undisturbed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
