Search Results for "instalment default"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "instalment default"

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High Court

Bombay High Court Quashes Recovery Certificate for Parking Charges in Co-operative Housing Society Dispute — Jurisdiction of Assistant Registrar Under Section 154B-29 of MCS Act Not Attracted. Disputes Pertaining to Parking Must Be Adjudicated Under Section 91 of the MCS Act Before the Co-operative Court as Per Bye-Law No.174(B)(iv) of Model Bye-Laws.

7 Aug 2024

The petitioner, Smita P. Dalvi, filed a Writ Petition under Article 226 of the Constitution of India challenging an order dated 29 February 2024 passe...

Supreme Court

Supreme Court Dismisses Appeal of Suspended Director Against Admission of Insolvency Petition by Canara Bank Under Section 7 of IBC. Held that a suspended director has no locus standi to challenge the admission of a Section 7 application as the corporate debtor is the proper party.

11 May 2023

The case involves an appeal by M. Suresh Kumar Reddy, claiming to be a suspended director of M/s Kranthi Edifice Pvt. Ltd. (corporate debtor), against...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

31 Mar 2017

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

High Court

Bombay High Court Dismisses Petition Challenging Execution Order in Land Dispute — Execution Application Held Not Maintainable Due to Lack of Decree in Favour of Petitioner. The court upheld the executing court's finding that the petitioner was not a decree holder and the execution was barred by limitation under Order 21 of the Code of Civil Procedure, 1908.

20 Dec 2011

The petitioner, Pandurang Sazo Gaonkar, filed a writ petition before the Bombay High Court at Goa challenging an order dated 12.03.2009 passed by the ...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Auction Sale by Cooperative Bank for Loan Recovery. Confirmed Auction Sale Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Set Aside After Sale Certificate Issuance.

25 Jul 2012

The petitioner, Shiva Sahakari Up Jal Sinchan Sanstha Ltd., a cooperative society, had taken a loan from the Nanded District Central Cooperative Bank ...

High Court

Bombay High Court Partially Allows Appeals in Contract Dispute Over Development of Land — Holds That Work Order Constitutes a Contract and That Termination Without Notice Is Invalid Under Specific Relief Act, 1963. The court also held that the suit for damages was barred by limitation as the cause of action arose in 1991 and the suit was filed in 1999.

6 May 2011

The case involves two cross-appeals arising from a judgment and decree dated 13-8-2004 passed by the learned Civil Judge, Senior Division at Mapusa in...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Allows Appellant in Mining Auction Dispute Due to Arbitrary Forfeiture of Earnest Money. Writ Jurisdiction Exercised Under Article 226 of the Constitution as Government Action Was Unreasonable and Facts Were Undisputed, Directing Refund of Forfeited Amount.

2 Mar 2023

The dispute arose from a mining auction conducted by the Directorate of Mining, Industries and Commerce Department, Chandigarh, Punjab. The appellant,...

High Court

Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

1 Apr 2013

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

High Court

Bombay High Court Allows Writ Petition Against Industrial Court Order Dismissing ULP Complaint for Non-Implementation of Labour Court Award. Doctrine of Election Permits Employee to Choose Remedy Under MRTU & PULP Act Despite Availability of Execution Under ID Act.

9 Mar 2022

The petitioner, Dhannu Bhagu Rathod, was a workman who had his termination challenged before the Labour Court in Reference (IDA) No.2/2015. The Labour...

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