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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 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...

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 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

Madras High Court Allows Writ Petition Challenging SAFEMA Forfeiture — Petitioner's Share Not Illegally Acquired Property. Court holds that forfeiture under Section 7 of SAFEMA cannot extend to property acquired by the petitioner from independent sources, not traceable to the detenu's illegal activities.

2 Apr 2026

The case involves a writ petition filed by Zahida Begum (since deceased, represented by her legal heirs) challenging the forfeiture of her share in a ...

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...

High Court

Bombay High Court Upholds Forfeiture of Gratuity for Misappropriation by Bank Employee — Wilful Misconduct Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972 Justifies Forfeiture of Entire Gratuity. The court held that misappropriation of funds by a bank employee constitutes wilful misconduct involving moral turpitude, and the employer is entitled to forfeit the entire gratuity under Section 4(6)(b)(ii) of the Payment of Gratuity Act, 1972.

14 Jun 2018

The petitioner, an ex-employee of the respondent bank, was terminated on 6 July 1996 after a departmental enquiry found him guilty of misappropriating...

High Court

High Court of Karnataka Allows Liquidator's Appeal, Upholds Forfeiture of EMD and PDM for Default by Successful Bidder in Liquidation Sale. Writ Petitioner's Failure to Pay Balance Sale Consideration Within Stipulated Time Justified Forfeiture Under IBC Regulations.

12 Dec 2025

The appellant, Sri Pankaj Srivastava, Liquidator of M/s Samrudhi Realty Ltd., appealed against an order dated 12.12.2024 passed by a learned Single Ju...

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 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...

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