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 Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

Supreme Court

Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

1 Apr 2025

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

High Court

Madras High Court Partly Allows Writ Petition of Night Watchman in Pay Revision Case — Recovery of Excess Pay Set Aside as Impermissible for Group D Employee. Excess Pay Recovery was Impermissible Under Article 226 as per State of Punjab v. Rafiq Masih Guidelines Where Employee Belongs to Class IV and No Misrepresentation.

2 Jul 2026

The petitioner, initially appointed as Night Watchman in a district court in Tamil Nadu, was promoted over time to Office Assistant, Record Clerk, and...

High Court

Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

9 Aug 2010

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Pay Due to Suppression of Material Undertaking. Employee Bound by Written Undertaking to Refund Excess Payments and Failure to Disclose It Violated Principle of Clean Hands in Writ Jurisdiction.

7 Oct 2021

The writ petition arose from orders dated 18.11.2019 and 22.11.2019 issued by the Sub-Divisional Engineer, Civil, Zilla Parishad, Vaijapur, directing ...

High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Partly Allows Writ Petition Challenging Recovery Order in Unfair Labour Practice Case — Interest Rate Reduced from 10% to 6%. The court upheld the recovery of principal amounts under Section 50 read with Section 48 of MRTU & PULP Act, 1971 but reduced the interest rate from 10% to 6% per annum.

23 Mar 2023

The petitioner, Lintas India Pvt Ltd, challenged an order of the Industrial Court, Mumbai, dated 24th December 1999 in Recovery Application (ULP) No. ...

High Court

Bombay High Court Dismisses Assignee's Challenge to Auction Sale for Non-Compliance with Regulation 37(1) of DRT Regulations, 2015 — Failure to Raise Objection at Appropriate Stage and Lack of Prejudice Renders Challenge Belated and Unsubstantiated.

8 Aug 2024

The petitioner, Invest Assets Securitisations & Reconstruction Private Limited, an assignee holding a pari passu charge with the first respondent Bank...

High Court

Madras High Court Quashes Recovery Against Retired Employee in Service Pay Excess Case — Recovery Impermissible When Not Due to Employee's Fault. Recovery of Excess Pay from Terminal Benefits of Retired Employee Declared Illegal Under Article 226; Amount Already Deducted Ordered to Be Refunded with 6% Interest.

6 Feb 2025

The petitioner, a retired employee of Anna University, filed a writ petition under Article 226 challenging a recovery order dated 16.07.2019 and seeki...

High Court

High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

13 Mar 2013

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...

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