Search Results for "mortgage enforcement"

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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 "mortgage enforcement"

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High Court

Gujarat High Court Dismisses Petition Challenging DRT Order in SARFAESI Matter — Upholds Bank's Possession for Non-Performing Asset. Held that DRT's refusal to grant interim relief was not perverse or without jurisdiction, and the petition under Article 226/227 was not maintainable as alternative remedy of appeal under Section 18 of SARFAESI Act was available.

13 Mar 2026

The petitioners, Prakashbhai Baldevbhai Patel and another, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India b...

Supreme Court

Supreme Court Allows Wife's Appeal in Family Court Execution Matter — Settlement Agreement for Transfer of Flat to Wife and Son Must Be Enforced. Court holds that a consent term in a divorce settlement requiring transfer of a flat to the wife and son is enforceable in execution, and the Family Court has jurisdiction to execute such a decree.

1 Jan 2026

The appeal arises from a matrimonial dispute between the appellant-wife and the respondent-husband. Their marriage was solemnized on 07.05.2000, and a...

High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

High Court

High Court of Karnataka Quashes Adverse Observation in Bank's SARFAESI Application — Magistrate Cannot Make Observations on Validity of Proceedings Under Section 14 of SARFAESI Act, 2002. The Court held that the Magistrate's role under Section 14 is ministerial and not judicial, and any observations on the validity of the secured creditor's proceedings are without jurisdiction.

8 Sep 2025

The petitioner, State Bank of India, filed a writ petition before the High Court of Karnataka at Dharwad seeking to quash certain observations made by...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — One Time Settlement Not Binding as Bank Did Not Accept Offer. Court Held That Mere Submission of OTS Proposal Does Not Create Binding Contract; Bank's Rejection Valid.

8 Jul 2024

The petitioners, borrowers of the respondent bank, challenged the order dated 22.09.2022 passed by the Debt Recovery Tribunal-I, Bangalore in Diary No...

High Court

Bombay High Court Rejects Second Bail Application in Economic Offence Case Due to No Change in Circumstances. Applicant's Role as Director in Fraudulent Transactions Upheld; Gravity of Offence Precludes Bail.

1 Feb 2024

The applicant, Waryam Singh Kartar Singh, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wit...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Labour Court Orders in Industrial Dispute — Petitioner Company Failed to Show Perversity or Jurisdictional Error in Awards Granting Relief to Workmen.

23 Jan 2024

The petitioner, Electropneumatics And Hydraulics India Pvt. Ltd., filed two writ petitions under Article 226 of the Constitution challenging separate ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

6 Mar 2020

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

High Court

Bombay High Court Dismisses Petition Challenging SARFAESI Auction for Non-Compliance with Undertaking. Failure to Pay Agreed Amount and Challenge Auction Notice After Possession Constitutes Waiver of Right to Challenge Under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

31 Jan 2005

The petitioners, Mr. Manoj D. Kapasi and Ruby Coach Building Company, owed Rs.3,64,78,000 to respondent No.2 bank. The bank issued a notice under Sect...

Supreme Court

Supreme Court Affirms Landlord's Right to Evict Tenant for Sub-letting Despite Lease Clause Allowing Sub-letting, as Statute Overrides Contract. The non-obstante clause in Section 15 of the Bombay Hotel and Lodging Houses Rates Control Act, 1947, invalidates any contractual provision permitting sub-letting, rendering the agreement void under Section 23 of the Indian Contract Act, 1872.

16 Feb 1959

The dispute pertained to a tenancy where the tenant, originally in an old building, shifted to new premises owned by the respondent landlord. The tena...

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