Search Results for "Loan 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 "Loan Recovery"

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High Court

Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

18 Jan 2017

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

Supreme Court

Supreme Court Allows Appeal in Land Auction Dispute: Mandatory Deposit Under Section 28 of Bihar & Orissa Public Demands Recovery Act, 1914 Must Be Made Within 30 Days. The Court held that the Certificate Officer cannot extend the time for deposit beyond 30 days from the sale date, and failure to deposit within that period renders the application to set aside the sale invalid.

25 Feb 2020

The case involves an appeal against the Patna High Court's judgment that upheld the setting aside of an auction sale. The dispute arose from a loan ta...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Loan Transaction. Court holds that a document styled as an agreement to sell cannot be recharacterized as a loan transaction without clear evidence of a loan and that the plaintiff must prove the agreement and readiness and willingness to perform.

8 Dec 2025

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell dated 1st August 1996, whereby the respondent (origin...

High Court

Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

3 May 2016

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

High Court

Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

29 Jun 2017

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

High Court

Karnataka High Court Dismisses Petition to Quash Criminal Proceedings Under Prevention of Corruption Act Despite Exoneration in Departmental Inquiry. Court Holds That Standard of Proof in Departmental and Criminal Proceedings Differ, and Relies on Supreme Court Precedent in Chandrashekar (2026 SCC OnLine SC 13).

4 Mar 2026

The petitioner, a superintendent in the office of the Assistant Registrar of Co-operative Societies, faced criminal proceedings under Sections 7, 13(1...

High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

14 Feb 2020

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

High Court

Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

10 Mar 2017

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

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