Search Results for "Equitable recovery"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Equitable recovery"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Refusing to Include Third-Party Properties in Recovery Certificate Under Section 19 of RDB Act. The court held that the DRT has no jurisdiction to include properties of persons who are not parties to the original application or guarantors, and the remedy lies before the civil court.

12 Dec 2024

The petitioners, M/s. SSA Constructions (a partnership firm) and its managing partner, obtained loan facilities from Andhra Bank (Respondent No. 1). T...

High Court

Madras High Court Partly Allows Writ Petition Against Recovery of Excess Pay; Confirms Pay Revision But Sets Aside Recovery Citing Rafiq Masih. Recovery of Excess Salary from Group C Employee Impermissible Under Principles in State of Punjab v. Rafiq Masih When No Misrepresentation Found and Over Five Years Elapsed.

17 Jul 2026

The Madras High Court considered a writ petition filed by a Stenographer Grade I seeking to quash a notice and proceedings for recovery of Rs.2,59,654...

High Court

Madras High Court Disposes Writ Petition Challenging Show Cause Notice for Recovery of Excess Pay from Retired Employee. Recovery of Excess Salary Barred as per Rafiq Masih Principles Due to Long Delay and Hardship, but Re-fixation of Pay Permitted under Applicable Rules.

9 Jul 2026

The writ petition was filed by a retired judicial employee against the Sub-Judge, Principal District Judge, and the Registrar General of the High Cour...

High Court

Karnataka High Court Hears Writ Petition of Auction Purchaser Against DRAT Order Setting Aside Sale Under RDDBFI Act. Petitioner Challenges Order Directing Refund of Bid Amount, Alleging Fraudulent Agreement to Defeat Auction Sale.

18 Dec 2014

The petitioner, Smt. K. Padma, auction purchaser of a property in a bank recovery sale, filed a writ petition under Articles 226 and 227 of the Consti...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Dismisses Purchaser's Appeal and Upholds High Court's Decision Allowing Redemption Under SARFAESI Act Due to Non-Completion of Sale by Registration. Right of Redemption Under Section 13(8) SARFAESI Act Survives Until Registered Sale Deed, Following Principles of Section 60 Transfer of Property Act.

1 Aug 2026

Background: The dispute arose from the sale of a secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secu...

High Court

Bombay High Court Allows Retired Teacher's Petition, Quashes Recovery of Excess Salary from Gratuity — Recovery Held Invalid as No Fraud or Misrepresentation by Employee. Excess payment due to employer's mistake in pay fixation under Maharashtra Civil Services (Revised Pay) Rules, 2009 cannot be recovered from retiral benefits after retirement.

7 Oct 2023

The petitioner, Ashok Buchayya Pusalwar, was an Assistant Teacher employed by the Zilla Parishad, Gadchiroli, appointed on 24-10-1996. He voluntarily ...

High Court

Bombay High Court Dismisses Appeal by Bank of India Against Rejection of Plaint Rejection Application in Commercial Suit. Court holds that jurisdiction of civil court is not barred under Section 19(6) to (10) of Recovery of Debts and Bankruptcy Act, 1993 when suit is for recovery of money by a non-banking entity against a bank.

15 Dec 2023

The appeal was filed by the Bank of India and its Authorized Officer (Defendants) under Section 13(1A) of the Commercial Courts Act, 2015, challenging...

High Court

Bombay High Court Allows Widow's Petition Quashing Recovery from Gratuity in Pay Fixation Error Case. Recovery of Excess Payment Made to Deceased Government Employee Without Notice Violates Natural Justice and Cannot Be Deducted from Death Gratuity.

21 Apr 2026

The petitioner, Jayshri w/o Sanjay Chandode, is the widow of Sanjay Bhagirath Chandode, a government employee who worked as a peon in the office of Re...

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