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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Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Parties. The court upheld the Industrial Court's issuance of a Recovery Certificate under Section 50 of the MRTU & PULP Act, 1971, based on a compromise between the employer and employee, rejecting the employer's contention of non-compliance by the employee.

26 Mar 2014

The petitioner, Adarsh Janata Sahakari Bank Ltd. and its liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

Madras High Court Quashes Recovery Order Against Former Judicial Department Employee in Pay Revision Dispute Under Article 226 — Pay Fixation Error Not Attributable to Employee's Misrepresentation Causing Extreme Hardship. Recovery of Excess Salary Paid Over Decades Struck Down Following Supreme Court Precedent in State of Punjab v. Rafiq Masih.

15 Jul 2026

The petitioner, a former Typist in the Judicial Department of Tamil Nadu, joined service as a Copyist in 1995 and was promoted to Typist in 2000. Upon...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Dismisses Union of India's Petition Challenging CAT Order Restraining Recovery of Excess Salary Paid to Employee Without Fraud or Misrepresentation. Recovery of excess payment made to an employee due to administrative error, without any fraud or misrepresentation by the employee, is not permissible.

6 Jun 2016

The Union of India filed a writ petition under Article 226 of the Constitution of India challenging an order of the Central Administrative Tribunal (C...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

High Court

Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

25 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...

High Court

Bombay High Court hears and determines Notice of Motion No. 1211 of 2014 in Suit No. 777 of 2014 seeking interim injunctions and appointment of administrator. The court examines rival claims of family arrangements and fiduciary capacity over Gopal Raheja Group assets.

5 Jan 2026

The dispute arose out of the affairs of the Gopal Raheja Group, a real estate business originally established by Lachmandas Raheja and continued by hi...

Supreme Court

Supreme Court Allows Bank's Appeal for Return of Original Documents in SARFAESI Auction Dispute. The Court held that the bank is entitled to return of original title deeds deposited in a pending DRT proceeding to hand over to the auction purchaser, as the sale under SARFAESI Act is independent and the validity of mortgage can be adjudicated using photocopies.

1 Jan 2020

The Supreme Court allowed the appeal filed by the State Bank of India against the High Court order that had refused to return original documents depos...

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