Search Results for "Forfeiture clause"

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Search Results for "Forfeiture clause"

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Supreme Court

Supreme Court Allows Forfeiture of Gratuity for Misconduct Involving Moral Turpitude Without Criminal Conviction — Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 Does Not Require Conviction. The Court held that the disciplinary authority can determine whether the misconduct constitutes an offence involving moral turpitude, and forfeiture is permissible even without a criminal conviction.

26 Feb 2025

The Supreme Court considered three civil appeals arising from judgments of the High Courts that had set aside forfeiture of gratuity imposed on employ...

Supreme Court

Supreme Court Partially Allows Builder's Appeal in Consumer Dispute Over Forfeiture of Earnest Money — Reduces Forfeiture from 20% to 10% of Basic Sale Price. Court upholds NCDRC's power to strike down unconscionable contractual terms but modifies interest rate and forfeiture percentage based on facts.

10 Feb 2025

The present appeal arises from a consumer complaint filed by the respondents (buyers) against the appellant (builder, Godrej Projects Development Limi...

High Court

Bombay High Court Dismisses Writ Petition Against LIC and Consumer Fora for Lack of Jurisdiction — Petitioner Failed to Establish Any Violation of Fundamental Rights or Statutory Duty. The court held that the Consumer Protection Act, 1986 provides an alternative remedy and the High Court under Article 226 should not interfere with concurrent findings of fact.

10 Feb 2025

The petitioner, Narendra Babarao Deshmukh, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

High Court

Bombay High Court Dismisses Revision Applications Against Eviction Decree for Unlawful Subletting and Structural Alterations. Lease Deed Did Not Confer Right to Sublet Without Landlord's Consent; Subletting to Associate Companies and License to Third Party Constituted Unauthorized Subletting Under Section 108(o) of Transfer of Property Act, 1882.

12 Nov 2024

The case involves a dispute over the eviction of tenants from a godown in Mumbai. The plaintiff, Saidpur Jute Co. Ltd., owned Godown No. 63 and leased...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Auction Dispute — Extension of Time Not Binding Without Confirmation Letter. Forfeiture of Earnest Money Upheld Under Rule 9(5) of Security Interest (Enforcement) Rules, 2002.

10 Apr 2023

The Supreme Court allowed the appeal filed by the State Bank of India (the Bank) against the judgment of the Madras High Court. The dispute arose from...

Supreme Court

Supreme Court Dismisses Appeal in Forfeiture Case Under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. The court upheld the forfeiture of a theatre property as the appellants failed to prove legitimate sources of funds and were associates of a person detained under COFEPOSA, with no entitlement to pay a fine in lieu of forfeiture under Section 9.

22 Mar 2023

The appeal arose from a judgment of the High Court of Karnataka upholding an order forfeiting M/s. Platinum Theatre under the Smugglers and Foreign Ex...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

14 Dec 2021

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

High Court

Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

24 Dec 2013

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

Supreme Court

Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

28 Oct 1969

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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