Search Results for "Relief against forfeiture"

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Search Results for "Relief against forfeiture"

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High Court

High Court of Karnataka Dismisses Petitions Challenging SAFEMFOPA Forfeiture Orders — Upholds Appellate Tribunal's Refusal to Condone Delay. The court held that the Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 has no power to condone delay beyond the statutory period of 60 days.

6 Jul 2026

The judgment concerns two writ petitions filed under Articles 226 and 227 of the Constitution of India challenging orders passed by the Appellate Trib...

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 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...

High Court

Bombay High Court Allows Employer's Petition Against Gratuity Award in Favour of Dismissed Employee for Fraudulent School Certificate. Forfeiture of Gratuity Upheld Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 for Misconduct Involving Moral Turpitude.

10 Jan 2020

The petitioner, Western Coalfields Ltd., challenged the orders of the Controlling Authority (Assistant Commissioner, Labour, Chandrapur) dated 21.10.2...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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 ...

High Court

Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

7 Apr 2006

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

High Court

Bombay High Court Dismisses Challenge to Forfeiture of Property Under SAFEMA Despite Revocation of Detention Order. Property of Detenu Forfeited Under Sections 7 and 19(1) of SAFEMA Upheld as Detention Order Was Valid When Forfeiture Order Was Passed.

11 Mar 2005

The petitioner, Smt. Padma Nirmal Agarwal, challenged the forfeiture of a flat (Flat No.16, 471/C, Manu Mahal, King's Circle, Mumbai) under the Smuggl...

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...

Supreme Court

Supreme Court Upholds Tenant's Right to Relief Against Forfeiture in Transfer of Property Act Case. Appellate Court Has Jurisdiction to Grant Relief Under Section 114 Even If Tenant Failed to Comply With Trial Court's Conditions.

11 Mar 1969

The dispute arose from a lease of land containing a covenant that in the event of default in payment of rent for two consecutive years, the tenancy ri...

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