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 Bombay at Goa Dismisses Petition Challenging Denial of Pensionary Benefits Due to Forfeiture of Past Service for Unauthorized Absence. Past Service Forfeiture Under Rule 27 of CCS (Pension) Rules, 1972 and Penalty of Compulsory Retirement Not Challenged, Hence Entitlement to Pension Cannot Be Claimed.

12 Sep 2024

The petitioner, a government servant, was appointed as a Peon in 1996 and later promoted to Assistant. He absented himself from duty from 02.05.2012. ...

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...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Allows Tenants' Appeal, Holds Landlord-Tenant Disputes Under Transfer of Property Act Non-Arbitrable. Dispute Arising from Lease Expiry by Efflux of Time Cannot Be Referred to Arbitration as the Subject-Matter Is Incapable of Arbitration Under Section 11(6A) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The appeal arose from a tenancy agreement dated 02.02.2006 between the appellants (tenants) and the respondent's predecessor-in-title for godowns and ...

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 Allows Landlord's Eviction Suit — Tenant's Denial of Title Forfeits Tenancy. Denial of Landlord's Title in Written Statement Constitutes Disclaimer Under Section 111(g) of Transfer of Property Act, 1882, and Acceptance of Rent After Forfeiture Does Not Waive Notice.

9 Jul 2015

The dispute pertains to a suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no.33B at Khamgaon, District Buldana, which was le...

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...

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