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    <title>2024 (12) TMI 879 - Supreme Court</title>
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    <description>Deliberate conduct that frustrates a binding judgment can amount to civil contempt even without breach of an express prohibitory order; here, retention of possession and resistance to transfer were treated as contemptuous in substance, though punishment was left in abeyance pending one final opportunity to comply. Challenges to SARFAESI measures could not be split across forums after confirmation of sale and issuance of the sale certificate; applying abuse of process, constructive res judicata, Henderson principle and election, the pending securitisation proceedings were held not to survive and the auction purchaser&#039;s title was treated as absolute. A post-institution assignment was also hit by lis pendens notwithstanding the Maharashtra amendment to Section 52 of the Transfer of Property Act, and the transfer was declared void.</description>
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    <pubDate>Fri, 13 Dec 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=763299</link>
      <description>Deliberate conduct that frustrates a binding judgment can amount to civil contempt even without breach of an express prohibitory order; here, retention of possession and resistance to transfer were treated as contemptuous in substance, though punishment was left in abeyance pending one final opportunity to comply. Challenges to SARFAESI measures could not be split across forums after confirmation of sale and issuance of the sale certificate; applying abuse of process, constructive res judicata, Henderson principle and election, the pending securitisation proceedings were held not to survive and the auction purchaser&#039;s title was treated as absolute. A post-institution assignment was also hit by lis pendens notwithstanding the Maharashtra amendment to Section 52 of the Transfer of Property Act, and the transfer was declared void.</description>
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