Search Results for "Equitable recovery"

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Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

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High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Bank Recovery Proceedings — Petitioner Failed to Deposit 25% of Debt Amount as Required Under Section 21 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Sri. Srinivasa Desai, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka...

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High Court of Judicature at Bombay Hears Challenge to DRAT Order Upholding DRT Dismissal of Recall of Ex-Parte Decree in Debt Recovery Proceedings. Petitioners Contend Non-Service of Summons and Advocate's Mere Filing of Vakalatnama Cannot Waive Service, Which Is Essential for Written Statement.

The matter before the High Court of Judicature at Bombay arose from writ petitions challenging the judgment of the Debt Recovery Appellate Tribunal da...

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Bombay High Court Quashes Recovery of Salary from Retired Head Teacher Due to Delay and Lack of Misrepresentation. Recovery of overpayment made to a retired employee after a lapse of 4 years 11 months from retirement is unsustainable in law.

The petitioner, Donald Daniel Ferreira, was initially appointed as a Teacher in respondent no.9 school on 1 August 1990 and later appointed as Head Te...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

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Bombay High Court Examines MCD's Recovery Notices Against MEPIDL for Territorial Overreach. Cross-Petitions on Attachment of Assets Outside Delhi Under DMC Act, 1957.

The dispute arose from a contract dated 28th September 2017 between MEP Infrastructure Developers Limited (MEPIDL), a Mumbai-based enterprise, and the...