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 Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

14 Jun 2019

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

High Court

Bombay High Court Hears Preliminary Issue on Jurisdiction Over Originating Summons in Lease Dispute Where Defendant Has Filed Separate Eviction Suit. The Court Examines Whether the Filing of a Suit Under Section 41 of the Presidency Small Cause Courts Act, 1882, After the Originating Summons Ousts the High Court's Jurisdiction.

29 Apr 2014

This case involved a dispute between Century Textiles and Industries Ltd. (plaintiff) and Nusli Neville Wadia (defendant) arising out of a 999-year le...

High Court

High Court of Karnataka Reserves Judgment on Writ Petitions Challenging Permanent Lok Adalat Order in Banking Fraud Compensation Claim — Jurisdiction of Permanent Lok Adalat Under Section 22C of Legal Services Authorities Act, 1987 Raised Due to Alleged Criminal Misconduct by Third Parties. The dispute involved unauthorised online transfers from a bank account enabled by a duplicate SIM issued without consent, leading to claims for compensation and questions on the Lok Adalat's adjudicatory powers in fraud cases.

1 Jun 2026

The High Court of Karnataka heard two connected writ petitions filed under Articles 226 and 227 of the Constitution, challenging the order of the Perm...

Supreme Court

Supreme Court Allows Union of India's Appeals in Excise Incentive Withdrawal Case — Policy Change Upheld as Prospective and in Public Interest. The Court held that the impugned notification was not retrospective and promissory estoppel did not bar the government from modifying the incentive scheme for Kutch industries.

1 Jan 2020

The Supreme Court allowed the appeals filed by the Union of India against the common judgment of the Gujarat High Court, which had quashed Notificatio...

High Court

Bombay High Court Upholds Orders of In-charge Chief Metropolitan Magistrate Under SARFAESI Act in Challenge to Jurisdiction. Court Examines Whether In-charge Officer Could Validly Pass Orders Under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Citing De-Facto Doctrine.

28 Oct 2015

The writ petitions, filed under Article 226 of the Constitution of India, challenged orders passed by the In-charge Chief Metropolitan Magistrate, Mum...

High Court

Bombay High Court Dismisses Petitioning Creditor's Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Due to Limitation Bar. The Registration of the Deed of Confirmation, Constituting the Act of Insolvency, Occurred on 29 June 2009, While the Petition Was Filed on 15 December 2009, Exceeding the Three-Month Condition Precedent Required Under Section 12(1)(c) of the Act.

29 Oct 2012

The Bombay High Court, by judgment dated 29 October 2012, dismissed Insolvency Petition No. 10 of 2010 filed by Apna Sahakari Bank Ltd. (the petitioni...

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