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Search Results for "KSFC"

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High Court

High Court of Karnataka Allows Appeal Against KSFC Order in Guarantor Liability Case — Limitation Period for Filing Application Under Section 31(1)(aa) of SFC Act Is Three Years from Date of Cause of Action. Guarantor's Defence of Limitation Upheld as Petition Filed Beyond Three Years from NPA Classification.

15 Apr 2025

The appellant, Smt. C. Sarasamma, was a guarantor for a loan availed by respondent No.2, M/s. Ethnic Informatics Private Ltd., from respondent No.1, K...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

19 Sep 2024

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

High Court of Karnataka Quashes Demand Notice in Electricity Dispute — Petitioner Not Liable for Predecessor's Dues. BESCOM Cannot Recover Arrears from Auction Purchaser Without Proper Notice Under Section 56 of Electricity Act, 2003.

12 Apr 2018

The petitioner, K.N. Sakrappa, proprietor of Sri Maheshwari Industries, filed a writ petition challenging a demand notice dated 26.12.2014 issued by t...

High Court

High Court of Karnataka Allows Appeal in KSFC Recovery Case — Interest Rate Reduced from 16.5% to 10% per annum. Court held that the rate of interest awarded by the trial court was excessive and reduced it to 10% per annum from the date of petition till realization, exercising discretion under Section 34 of CPC read with Section 32(9) of the State Financial Corporations Act, 1951.

3 Mar 2017

The appeal was filed by the borrowers (M/s. Cozy Polystone (P) Ltd. and its directors) against the order dated 02.11.2012 passed by the XXXVII Additio...

High Court

High Court of Karnataka Allows Appeal by KSFC Against Interim Order to Handover Possession of Seized Assets — Writ Appeal Maintainable Under Section 4 of Karnataka High Court Act, 1961 Against Interim Order in Writ Petition

21 May 2015

The appellant, Branch Manager of Karnataka State Financial Corporation (KSFC), appealed against an interim order dated 12.05.2015 passed by a learned ...

High Court

High Court of Karnataka Allows KSFC's Writ Petition Challenging Trial Court Order Refusing to Recall Witnesses for Cross-Examination in Suit for Specific Performance. Court Holds That Right to Cross-Examine Is a Valuable Right and Denial Thereof Violates Principles of Natural Justice Under Order 18 Rule 17 CPC.

5 Mar 2015

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging an order dated 2.12.2013 passed by the II Additional Senior Civil Ju...

High Court

High Court of Karnataka Allows KSFC's Writ Petition Challenging Trial Court Order Refusing to Recall Witnesses for Cross-Examination in Suit for Specific Performance. The court held that the defendant's right to cross-examine witnesses cannot be denied when the plaintiff failed to produce them for cross-examination after examination-in-chief, and the trial court's order was erroneous and liable to be set aside.

5 Mar 2015

The Karnataka High Court allowed the writ petitions filed by the Karnataka State Financial Corporation (KSFC) and set aside the trial court's order da...

High Court

High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

5 Mar 2015

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

High Court

Karnataka High Court Dismisses KSFC's Petition to Implead in Specific Performance Suit. Mortgagee is not a necessary party to a suit for specific performance of a contract for sale.

5 Mar 2015

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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