Search Results for "Loan Recovery"

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High Court of Karnataka Allows Second Appeal in Money Loan Dispute — Sets Aside Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Lack of Proper Reappreciation of Evidence Renders First Appellate Court's Judgment Unsustainable.

The appellant-defendant filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 1...

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High Court of Karnataka Dismisses Revision Petition in Negotiable Instruments Act Case — Conviction for Cheque Bounce Upheld. Dishonour of Cheque for Discharge of Existing Debt Attracts Liability Under Section 138 of Negotiable Instruments Act, 1881.

The criminal revision petition was filed by the accused-petitioner challenging the judgment dated 31.10.2012 passed by the II Addl. District and Sessi...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Co-operative Society Recovery Dispute. Challenge to Attachment and Auction Orders Under Maharashtra Co-operative Societies Act, 1960 Barred by Section 163, Civil Court Lacks Jurisdiction.

The petitioner, Kalika Nagri Sahakari Patsanstha Maryadit, a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960, f...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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High Court of Bombay Quashes FIR Against Bank Manager in Abetment to Suicide Case — No Prima Facie Case of Instigation or Harassment Established. Loan Recovery Actions by Bank Manager Do Not Amount to Abetment Under Section 306 IPC Without Evidence of Direct Instigation or Intent to Drive to Suicide.

The applicant, Santoshkumar Raj Kishor Prasad Singh, was the Branch Manager of Bank of Maharashtra, Morshi Branch. The complainant, Prashant Wamanrao ...

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High Court Grants Anticipatory Bail to Appellant in SC/ST Act Case Over Loan Dispute, Citing Lack of Prima Facie Atrocity Offence and Financial Nature of Dispute

The High Court allowed the criminal appeal and granted anticipatory bail to the appellant, who was accused of offences under the Scheduled Castes and ...