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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Supreme Court

Supreme Court Allows Advocate's Appeal Against Inclusion in Caution List by Indian Banks Association - Holds Caution List Only for Fraud or Serious Misconduct, Not Negligence. The Court ruled that the Caution List maintained by IBA cannot be used for alleged negligence or errors of professional judgment, and that matters of professional conduct are within the exclusive jurisdiction of the Bar Council of India under the Advocates Act, 1961.

1 Jan 2026

The appellant, an advocate, served as panel counsel for Canara Bank. In 2015, he rendered a legal opinion which the Bank considered negligent. Consequ...

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...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Rejects Trial Court's Finding of No Prima Facie Case. Court holds that the trial court erred in rejecting an application for temporary injunction under Order 39 Rules 1 and 2 CPC by misreading the plaint and ignoring the plaintiff's possession and title documents.

12 Jan 2024

The appellant, Nasir Khan, filed a miscellaneous first appeal under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC...

High Court

High Court of Karnataka Directs Refund of Forfeited Auction Amount in SARFAESI Sale Due to Bank's Failure to Issue Sale Certificate. Bank's Failure to Perform Reciprocal Promise Discharges Bidder from Obligation to Pay Balance.

19 Dec 2023

The petitioner, Sri Kalyanamurthy K., participated in an e-auction conducted by the State Bank of India (respondent) for the sale of an immovable prop...

High Court

High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

7 Aug 2023

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Allows Assignee of Debt to Proceed Under SARFAESI Act Despite Company Being Under Liquidation. Assignee Steps into Shoes of Original Lender and Can Enforce Security Interest Under Section 13 of SARFAESI Act, 2002.

13 Dec 2019

The petitioner, ASREC (India) Limited, is a company registered as a Reconstruction Company and Securitisation Company with the Reserve Bank of India u...

High Court

Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

17 Dec 2014

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

High Court

Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

17 Nov 2011

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

Supreme Court

Supreme Court Allows Appeal in Preemption Decree Default Case – Stay of Execution Did Not Extend Time for Deposit. Interpretation of Order XX Rule 14 CPC Concerning Automatic Extension of Time After Stay.

24 Oct 1968

The Supreme Court considered the effect of a stay of execution on a time-bound direction to deposit purchase money in a preemption decree. The decree-...

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