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High Court

Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

28 Jan 2026

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Possession of Auctioned Property — Bank Not Obligated to Deliver Vacant Possession Under SARFAESI Act. SARFAESI Act, 2002 Section 13(4) and Section 17 — Auction Sale Confirmed in Favor of Petitioner, but Bank Delivered Only Symbolic Possession; Petitioner's Remedy Lies Before DRT Under Section 17.

16 Dec 2025

The petitioner, Mr. Suresh Kumar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

Supreme Court

Supreme Court Allows State Appeals in Property Mutation and Sales Tax Recovery Case — High Court's Direction to Delete Adverse Entries and Mutate Property Set Aside. The Court held that the High Court exceeded its writ jurisdiction by directing mutation without considering the State's statutory charge under the Himachal Pradesh Value Added Tax Act, 2005.

28 Apr 2023

The Supreme Court heard two sets of civil appeals filed by the State of Himachal Pradesh and its officers against a judgment of the Himachal Pradesh H...

High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

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...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Case — Petitioner Failed to Show Any Error in DRT's Refusal to Set Aside Auction Sale. Court Held That DRT's Order Was Not Without Jurisdiction and That the Petitioner Had an Alternative Remedy of Appeal Under Section 18 of SARFAESI Act.

19 Aug 2016

The petitioner, Asset Reconstruction Company (India) Limited, acting as trustee of Arcil-SBPS-024-I Trust, filed a writ petition under Article 226 of ...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT and DRAT Orders in SARFAESI Act Matter — Delay in Filing Appeal Under Section 17 Not Condoned Due to Lack of Sufficient Cause. The court upheld the concurrent findings of the DRT and DRAT that the petitioner failed to show sufficient cause for condonation of delay in filing the appeal under Section 17 of the SARFAESI Act, 2002.

29 Jun 2015

The petitioner, Naresh Suresh Pawar, was a joint owner of an immovable property along with Jaiprakash Pahelwan and Nirmala Pahelwan. In the year 2000,...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

20 Sep 2011

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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