Search Results for "Article 171"

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Dismisses Petition Seeking Voting Rights for APMC Representatives in Legislative Council Elections. Agricultural Produce Market Committee Not a Local Authority Under Article 171 of the Constitution of India.

The petitioner, Radhakishan Deorao Pathade, Chairman of the Super Agricultural Produce Market Committee (APMC), Aurangabad, filed a writ petition seek...

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High Court of Karnataka Dismisses Appeal by KPTCL Against Order Directing Disbursement of Pension to Retired Employee. Withholding of Pension Without Disciplinary Proceedings or Pension Rules is Arbitrary and Unjustified.

The case involves a retired employee of Karnataka Power Transmission Corporation Limited (KPTCL) who superannuated on 31.05.2022. The Corporation with...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Madras High Court Dismisses Writ Petition Challenging Bank's Set-off of Fixed Deposit Against Loan Default Under SARFAESI Act. Bank's Right to Set-off Margin Money Fixed Deposit Against Outstanding Loan Upheld as Contractual and Statutory Right Under Section 171 of Contract Act and SARFAESI Act.

The writ petitioner, M/s Chithra Agencies Private Limited, an authorized dealer of Castrol India Ltd., availed cash credit facility from Canara Bank, ...

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Supreme Court Allows Appeals in SARFAESI Auction Case, Reinstating DRT Order and Sale. High Court's Writ Jurisdiction Improper When Statutory Remedy Available; Auction Deposit Complied with Rules and Property Not Exempt as Agricultural Land Under Section 31(i) SARFAESI Act.

The dispute arose from securitisation proceedings initiated by Indian Bank against M/s. Raus Constructions Private Ltd. after loan default. The bank c...

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Supreme Court Dismisses Appeal Against Dismissal of PIL Seeking Inquiry into Alleged Fake Encounters in Assam. Court Holds That Vague Allegations Without Specific Infirmities in Individual Cases Cannot Justify a Broad PIL or SIT Investigation.

The Supreme Court dismissed an appeal against the Gauhati High Court's dismissal of a Public Interest Litigation (PIL) seeking inquiry into alleged fa...

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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

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High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT.

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Ka...