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High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

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Bombay High Court Allows Writ Petition Against Pre-Deposit Order in Cenvat Credit Case — Directs Reconsideration of Appeal Without Pre-Deposit. Conditional waiver of pre-deposit set aside as petitioners demonstrated financial hardship and prima facie case.

The petitioners, M/s. Goradia Special Steels Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

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High Court of Madras Hears First Appeal against Denial of Specific Performance in Sale Agreement. Trial Court Denied Specific Performance Due to Non-Deposit of Balance Consideration, Appeal Filed Under Section 96 CPC.

The dispute arose from a sale agreement dated 29.02.2016 between the appellant/plaintiff and respondent/defendant for purchase of the suit property fo...

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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Allows Pension Benefits to Retired Bank Employee Despite Delay in Deposit of Contribution Amount Under Joint Note Dated 27 April 2010. The court held that the three-day period for deposit was unreasonable and that the petitioner's substantial compliance warranted granting pension.

The petitioner, Ramesh Gajanan Nigudkar, joined the Bank of Baroda as a subordinate staff member on 4 March 1967 and retired after 39 years of unblemi...

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Bombay High Court Allows Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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Supreme Court Allows Appeals by Odisha Forest Development Corporation Ltd. in Tender Dispute — Refund of Deposit Ordered by High Court Set Aside. Forfeiture of Security Deposit Upheld as Per Contract Terms When Writ Petition Withdrawn Without Pressing Challenge.

The Supreme Court of India heard a batch of appeals arising from orders of the High Court of Orissa. The appellant, Odisha Forest Development Corporat...

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Bombay High Court Dismisses Petitions Challenging RBI's Moratorium and Liquidation of CKP Co-operative Bank Ltd. — Petitioners' Deposits Not Covered by Deposit Insurance as Bank Was Under Moratorium Prior to Insurance Scheme Introduction.

The judgment pertains to a batch of writ petitions filed by depositors of the CKP Co-operative Bank Ltd., which was placed under moratorium by the Res...