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Gujarat High Court Dismisses Writ Petition Challenging DRT Order as Time-Barred Under Section 17(1) of SARFAESI Act. Limitation Period of 45 Days for Filing Securitisation Application is Mandatory and Cannot Be Extended by the Tribunal.

The petitioner, M/s. Zen Lifecare Ltd., challenged the orders of the Debt Recovery Tribunal-I, Ahmedabad, dated 20th November 2020 and 6th February 20...

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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

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Bombay High Court Dismisses Bank's Revision Against Rejection of Plaint Rejection Application in SARFAESI Act Suit. Civil Court's Jurisdiction Not Barred Where Tenant Claims Independent Tenancy Rights Under Section 17(4A) and 13(4) of SARFAESI Act, 2002.

The Bombay High Court at Nagpur dismissed a civil revision application filed by Dena Bank (defendant no.2) challenging an order of the trial court tha...

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High Court of Karnataka Confirms Death Sentence for Four Accused in Dacoity and Murder Case — Conviction Under Sections 396, 397, 302 IPC Upheld. Court Finds Circumstantial Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt.

The case pertains to a dacoity and murder that occurred on the night of 14th February 2009. The prosecution alleged that the four accused, Basavaraj @...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...