Search Results for "sale proclamation"

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Search Results for "sale proclamation"

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High Court

Madras High Court Allows EPF Recovery Over Bank's Mortgage in Priority Dispute Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952. EPF Dues Have Priority Over Secured Creditors Under Section 11 of EPF Act, 1952.

22 Jan 2025

The case involves three writ appeals arising from orders of a learned Single Judge in W.P.Nos.15582 of 2010 and 8686 of 2010 dated 21.06.2011. The app...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

Bombay High Court Dismisses Borrower's Challenge to Sale Certificate and Award in Cooperative Bank Loan Recovery — Upholds Validity of Sale to Third Party Purchaser. The Court held that the sale certificate issued under the Maharashtra Cooperative Societies Act, 1960 cannot be challenged after a long delay and that the purchaser's title is protected.

8 Nov 2017

The petitioner, Mahesh Navelkar (since deceased, represented by legal heirs), was a borrower who took a loan of ₹9,500,000 from the Goa State Co-ope...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

Bombay High Court Dismisses Writ Petition Challenging Renewal of Kerosene Licence After 11 Years. The Court held that the petitioner, a women's self-help group, had no locus standi to challenge the renewal as the proclamation for a new licence was issued without considering the existing licence.

6 Feb 2013

The petitioner, Indira Women Saving Group (Mahila Bachat Gat) Yermala, a self-help women's group, filed a writ petition challenging the judgment and o...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

29 Nov 2011

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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