Search Results for "Equitable recovery"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Equitable recovery"

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High Court

Bombay High Court Allows Writ Petition Against Recovery of Overpayment from Retired Teacher's Terminal Benefits. Overpayment due to wrong pay fixation under Sixth Pay Commission cannot be recovered after retirement, especially when no misrepresentation by employee.

7 Nov 2017

The petitioner, Issak Abbas Hawaldar, was appointed as a Primary Teacher in Panchayat Samiti, Arale, in November 1976 as a Class-IV employee. He retir...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

High Court

High Court Allows Writ Petition Quashing Orders Treating Termination Period as Break in Service and Recovery of Excess Amount from Pensionary Benefits. Reinstatement Without Back Wages Does Not Imply Break in Service, and Recovery from Retired Employee is Impermissible Under Supreme Court Guidelines.

27 Mar 2026

The dispute arose from a writ petition filed by a former driver employed by the Zilla Parishad, Kolhapur, challenging orders that declared his termina...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Asset Reconstruction Company's Appeal Against Auction Sale Set Aside Due to Lack of Jurisdiction and Limitation. The Court upheld the DRAT order dismissing the appeal as barred by limitation and on merits, confirming the auction sale in favour of the respondent.

11 Feb 2022

The petitioner, Phoenix ARC Pvt. Ltd., an asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging the ...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

High Court

High Court of Bombay at Nagpur Allows Revision Application by Bank in SARFAESI Act Jurisdiction Dispute — Civil Court Suit Barred Under Section 34 of SARFAESI Act, 2002. Allegations of Fraud Must Be Specific and Supported by Material to Bypass Statutory Remedy Before Debt Recovery Tribunal.

29 Apr 2010

The case involves a civil revision application filed by Punjab National Bank (original defendant) against an order of the District Judge, Chandrapur, ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

High Court of Karnataka Decides Revenue's Wealth Tax Appeals Involving Definition of 'Assets'. The Appeals Challenge ITAT Orders Regarding Assessment Years 1999-2000 to 2004-05 under Section 2(ea) of Wealth Tax Act, 1957.

30 Aug 2018

The High Court of Karnataka heard a batch of Wealth Tax Appeals filed by the Revenue under Section 27-A of the Wealth Tax Act, 1957, against the order...

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