Search Results for "personal guarantor"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "personal guarantor"

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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 Amendment of Plaint to Implead New Developer in Redevelopment Dispute — Plaintiff's Rights Under Debenture Trust Deed Require Complete Adjudication. The court held that the proposed amendment was necessary for complete and effectual adjudication and did not change the nature of the suit or introduce a new cause of action.

3 Sep 2024

The plaintiff, Edelweiss Asset Reconstruction Company Limited, filed a commercial suit against Meeti Developers Private Limited (defendant No.1) and o...

High Court

Bombay High Court Dismisses Petition Seeking Quashment of MPID Act Charges Against Director of Cooperative Bank. Cooperative Bank Falls Within Definition of Financial Establishment Under MPID Act Despite Being Governed by Banking Regulation Act.

6 May 2024

The Bombay High Court dismissed a writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Pro...

High Court

Bombay High Court Quashes FIR Against Finance Company for Vehicle Repossession Under Section 482 CrPC — Loan Default and Hypothecation Agreement Justify Taking Possession of Excavator. The court held that repossession of a hypothecated vehicle upon default does not constitute theft under Section 379 IPC, and continuing criminal proceedings would be an abuse of process.

11 Dec 2023

The case involves an application filed by Tata Capital Ltd. (Applicant No.1) and its Regional Collection Manager, Mr. Vipul Upadhyay (Applicant No.2),...

Supreme Court

Supreme Court Grants Anticipatory Bail to Accused in CBI Case Involving Bank Fraud and Corruption Offences. The Court allowed bail as custodial interrogation was not required during investigation, the CBI sought presence for trial only, and the case relied on documentary evidence from 2009-2013, under Sections 420, 467, 468, 471 read with Section 120B IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

20 Mar 2023

The Supreme Court of India heard appeals by accused persons challenging the rejection of their anticipatory bail applications by the High Court of Jud...

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

18 Aug 2022

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Directing Return of Passport in Contempt Proceedings for Breach of Undertaking. The Court restored the Single Judge's order impounding the passport of a contemnor who repeatedly breached undertakings given to the court in a property dispute.

1 Jan 2020

The appellant, Shyam Sahni, filed a civil suit in 2008 seeking declaration, possession, and partition of a property in Friends Colony, New Delhi, orig...

High Court

Bombay High Court Upholds Conviction for Perjury Against Trap Panch Witness for Giving Contradictory Testimony in Corruption Case. Witness's Inconsistent Statements in Chief and Cross-Examination Amounted to Perjury Under Section 193 IPC.

16 Feb 2019

The appellant, Manikrao Shivram Wagh, was a trap panch witness in a corruption case (Special Case No.4/1999) against Samadhan Bhusari, who was tried f...

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