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Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act — Guarantors' Liability Is Co-extensive with Principal Debtor, No Need to Exhaust Remedies Against Principal Debtor First

The petitioner, M/s. SICOM Limited, a State Financial Corporation, filed two petitions under Section 31(1)(aa) of the State Financial Corporation Act,...

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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High Court Dismisses State's Petition Against SSRD Orders in Land Regularization Case. SSRD's Directions for Regularization Based on Auction Price Upheld as Within Jurisdiction Under Rule 108(6) of Gujarat Land Revenue Rules, 1972.

The dispute originated from the allotment of government land in 1967 to M/s. Nav Bharat Potteries Ltd. for a pottery industry at a concessional rate, ...

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High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Bank's Auction Purchaser Under Karnataka Land Grant Rules, 1969. Condition Against Alienation for 25 Years Does Not Bar Mortgage or Auction Sale by Bank.

The petitioner, South Canara District Central Co-operative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India se...

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Division Bench of Karnataka High Court Upholds Bank's Appeal, Reinstates Section 14 Order Under SARFAESI Act. Writ Petition Challenging Magistrate's Order Dismissed on Ground of Availability of Efficacious Alternate Remedy Under Section 17 of SARFAESI Act, 2002.

The appeal arose from a writ petition filed by respondent-borrowers challenging an order dated 13.03.2020 passed by the Chief Judicial Magistrate unde...

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Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Unauthorized Subletting and Nuisance. Concurrent Findings of Fact Upheld Under Article 227.

The case involves a petition under Article 227 of the Constitution of India filed by the legal heirs of the original defendant/tenant, Hari Govind Ran...

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High Court of Karnataka Dismisses Bank's Writ Petition Seeking Deposit of Land Acquisition Compensation to Loan Account. Mortgagee Bank Not Entitled to Compensation Under Section 31 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The petitioner, M/s D C B Bank Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...