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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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Bombay High Court Grants Leave to Defend in Summary Suit for Recovery of Loan Amounts Based on Bills of Exchange. Disputed Questions of Fact Regarding Repayment and Interest Rates Require Trial Under Order XXXVII CPC.

The judgment concerns two Commercial Summary Suits filed by a mother (Kavita G. Rajani) and her son (Gautam G. Rajani) against a common defendant, Sam...

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NCLAT Upholds Sale of Corporate Debtor as Going Concern in Liquidation — Confirms Immunity Under Section 32A IBC. Liquidator's Application for Confirmation of Sale and Immunity Allowed Despite Objections from Suspended Directors.

The appeal arose from a common order dated 27.09.2024 passed by the NCLT, Chennai, in IA(IBC)/415/2024, IA(IBC)/1701/2023, and IA(IBC)/1757/2023 in th...

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Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...

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Bombay High Court Quashes Criminal Proceedings Against Co-opted Director in Bank Fraud Case Due to Lack of Evidence. Petitioner, a medical practitioner co-opted as director of a cooperative bank, was not named in charge-sheets and no material showed her involvement in alleged misappropriation.

The petitioner, a medical practitioner, was co-opted as a director of Samta Sahakari Bank Ltd., a cooperative society running banking business, from 1...