Search Results for "Equitable recovery"

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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High Court Allows Writ Petition Quashing Recovery Order Against Retired Teacher -- Pensionary Benefits Ordered to Be Released Under Article 226 and Supreme Court Guidelines

The petitioner, a retired teacher, filed a writ petition under Article 226 of the Constitution of India to quash an order dated 08.06.2007 that direct...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Supreme Court Modifies Compensation for Auction Purchaser in Co-operative Bank Recovery Case — Interest at 6% per annum Granted Instead of 5% Solatium. Auction Sale Set Aside on Equitable Grounds; Purchaser Entitled to Interest on Deposit from Date of Payment Till Refund.

The case arises from a recovery proceeding initiated by the 4th respondent Co-operative Bank against borrowers (1st, 2nd, 5th, 6th respondents) for a ...

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Bombay High Court Quashes Recovery Order Against Retired Teacher for Not Passing MSCIT Exam in Time. Recovery from retirement benefits set aside as petitioner had given undertaking but recovery was held impermissible under principles of natural justice and proportionality.

The petitioner, Smt. Shaheen Fatima Mohsin Ahmed, was appointed as an Assistant Teacher on 1st January 1986 and superannuated on 31st January 2024. Sh...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Excess Salary from Gratuity. Recovery of Rs.1,39,316/- Set Aside as Payment Was Due to Departmental Error Without Misrepresentation by Employee.

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

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Gratuity and Salary. Recovery of Excess Payment from Class III Employee After Retirement Held Impermissible Under Principles of State of Punjab v. Rafiq Masih.

The petitioner, Laxman Sitaram Idde, was appointed as an Assistant Teacher in a Zilla Parishad Primary School on 20 January 1986. He was a District Aw...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Salary from Retired Employee's Pension. Recovery from retiral dues set aside as employee did not misrepresent and pay fixation was departmental error.

The Petitioner, Vinay Mhatre, was appointed as a Tracer in the Maharashtra Jeevan Pradhikaran (formerly Maharashtra Water Supply & Sewerage Project Bo...

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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...