Search Results for "Loan Recovery"

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High Court of Karnataka Dismisses Borrower's Writ Petition Challenging DRT Order and Sale Proclamation Due to Alternative Remedy and Delay. Petitioner Failed to Appeal Under Section 30 of RDB Act, 1993 Against DRT Order Dated 14.3.2000, and Filed Writ After 13 Years.

The petitioner, A. Abdul Hameed, was a borrower who had taken a loan of Rs.5.00 lakh from Syndicate Bank (respondent No.1). Respondents No.3 and 4 had...

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Bombay High Court Acquits Husband in Murder Case Due to Lack of Credible Evidence and Unnatural Conduct of Witnesses. Conviction for murder of wife based on circumstantial evidence set aside as prosecution failed to prove chain of circumstances beyond reasonable doubt.

The appellant, Netaji Shivram Chougale, was convicted by the Additional Sessions Judge, Gadhinglaj, for the murder of his wife Manisha on 18th Novembe...

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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 Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Bombay High Court Allows Amendment of Plaint to Correct Clerical Error in Loan Agreement Exhibit. Court permits substitution of wrong document with correct agreement reflecting 12.5% interest instead of 1% as agreed between parties.

The plaintiff, Kyoorius Communications Private Limited, filed a Commercial Summary Suit against Datalink Multi Trading Private Limited and others for ...

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Bombay High Court Allows Appeal in NI Act Case: Solitary Loan Transaction Not Money Lending Business Under Bombay Money Lenders Act, 1946. Single instance of lending does not constitute money lending business, making debt legally recoverable and prosecution under Section 138 NI Act maintainable.

The appellant, M/s. Raj Exports, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for dishonour of a...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Upheld. No substantial question of law found under Section 100 CPC, as courts below correctly decreed possession and mesne profits under Order XX Rule 12 CPC.

The case arises from a suit for possession and mesne profits filed by the original plaintiff (now represented by respondents) against the original def...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...