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Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

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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 Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

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Supreme Court Dismisses Bank's Appeal in SARFAESI Auction Dispute — Auction Purchaser Not in Default. Delay in Payment Attributable to Bank's Own Actions and External Factors, Not Purchaser's Fault Under Rule 9(4) of Security Interest (Enforcement) Rules, 2002.

The appellant, IDBI Bank, conducted an e-auction on 10.04.2018 for a property comprising 2 guntas of land in Telangana. The respondents were the highe...

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Supreme Court Dismisses MSME Appeals Holding Restructuring Notification Directory. Banks/NBFCs Not Obliged to Restructure MSME Accounts Suo Moto Under Section 9 MSMED Act Before SARFAESI Action.

The Supreme Court dismissed a batch of appeals filed by MSMEs challenging the Bombay High Court's order that Banks/NBFCs are not obliged to adopt the ...

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Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

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Bombay High Court Dismisses Revision Against CBI Investigation Order in NSEL Scam Case. Court holds that an applicant not an accused has no locus standi to challenge investigation orders under Section 397 CrPC.

The applicant, Jignesh Prakash Shah, filed a Criminal Revision Application under Section 397 of the Code of Criminal Procedure, 1973 (CrPC) before the...

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Bombay High Court Allows Students' Petitions Challenging Debarment from Examination Due to Lack of Opportunity of Hearing. Debarment Order Violates Principles of Natural Justice as Students Were Not Given a Chance to Explain Before Being Barred from Appearing in Exams.

The petitioners, students of Mukesh Patel School of Technology, Management and Engineering (Respondent No.2), which is managed by Shri Vile Parle Kelw...