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Search Results for "education loan"

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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

High Court of Karnataka Quashes Cognizance Order Against Accused No.3 in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that sanction for prosecution is a mandatory condition precedent for taking cognizance against a public servant, and its absence renders the proceedings void ab initio.

26 Jun 2023

The petitioner, Shri M.R. Seetharam, was arrayed as accused No.3 in Spl.C.C. No.656/2021 pending before the XXIII Additional City Civil and Sessions J...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

19 Aug 2019

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

High Court of Karnataka Quashes Withdrawal of Exemption Under Section 10(23C)(vi) of Income Tax Act for Educational Trust — Violation of Natural Justice. Order passed without providing opportunity of hearing and without considering objections violates principles of natural justice and Section 10(23C)(vi) of the Income Tax Act, 1961.

5 Feb 2018

The petitioners, M/s. Navodaya Education Trust and its trustees, filed writ petitions under Article 226 of the Constitution of India challenging an or...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Service of notice by Under Postal Certificate (UPC) instead of registered post with acknowledgement due does not meet the requirement of Section 138 of the Negotiable Instruments Act, 1881, leading to quashing of FIR.

15 Mar 2017

The applicants, Suhas @ Pappu s/o Sarjerao Kakade and Sachin s/o Vithalrao Dagdu, filed a criminal application under Section 482 of the Code of Crimin...

High Court

Bombay High Court Allows Teachers' Challenge to Transfer Orders in Education Service Dispute — Transfer Orders Set Aside for Violation of MEPS Act and Rules. Court held that transfer orders were passed without following mandatory procedure under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rule 41 of the MEPS Rules, and without affording opportunity of hearing.

23 Dec 2015

The judgment pertains to three writ petitions filed by primary teachers employed in a school run by Talat Shikshan Mandal, a private educational insti...

High Court

Bombay High Court Allows Writ Petitions Challenging Cancellation of B.Ed. Degree Equivalence for Primary Teacher Appointments. Court holds that B.Ed. degree obtained through distance education from NCTE-recognized institution is valid for primary teacher recruitment under Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009.

30 Oct 2015

The judgment concerns two writ petitions filed by a group of teachers who had obtained Bachelor of Education (B.Ed.) degrees through distance educatio...

High Court

Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Education Loan Recovery — Triable Issues Raised Regarding Bank's Negligence and Limitation. The court held that where a defendant raises a plausible defence involving disputed questions of fact, unconditional leave to defend must be granted under Order 37 Rule 3 of the Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Dena Bank, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against defendant nos. 1 to 3 (borrower, co-borrow...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Nomination Acceptance in Cooperative Society Election Due to Availability of Alternative Remedy. Writ petitions under Articles 226 and 227 of the Constitution of India challenging Election Officer's order accepting nomination papers for general election of a society registered under the Maharashtra Cooperative Societies Act, 1960 dismissed as alternative remedy of election petition under Section 91 of the Act is available.

3 Feb 2011

The petitioner, Manchak s/o. Shahaji Pawar, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging the order of ...

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