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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.

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...

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Bombay High Court Quashes Bank's Denial of Promotion to Employee Based on Inconsistent Application of Eligibility Criteria. SIDBI's Requirement of 'Two Years' Service in Grade B' Interpreted as Continuous Service, Not Necessarily at One Station.

The petitioner, Melinati Ramesh, was an employee of the Small Industries Development Bank of India (SIDBI) since 1990. He had served in various capaci...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

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High Court of Karnataka Allows Writ Petition for PL Encashment Despite Dismissal — Penalty of Dismissal Does Not Forfeit Privilege Leave Encashment Unless Service Rules Expressly Provide. Leave encashment is a vested right and not forfeited by dismissal in the absence of express rule.

The petitioner, G. Linganagouda, a former Assistant Manager of Pragathi Krishna Gramina Bank (now Karnataka Gramina Bank), was dismissed from service ...

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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.

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

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Bombay High Court Quashes Minister's Order Canceling Cinema License for Lack of Jurisdiction and Non-Speaking Order. Appellate Authority Under Section 8A of Bombay Cinemas (Regulation) Act, 1953 Cannot Cancel License Without Recording Findings on Grounds Under Section 6.

The petitioners, Deepak Joshi and the legal representatives of Ravi K. Appu, challenged an order dated 28.01.1999 passed by the State Minister (Home),...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...