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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
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This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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APPEAL UNDER SECTION 58 (4) OF THE COMPANIES ACT, 2013 READ WITH RULE 70 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 AGAINST THE COMPANY’S REFUSAL TO TRANSFER THE SAID SHARES
The equity shares in a Public Limited Company is standing in the name of the deceased. The Petitioner is legally entitled to the same. However, the Company has refused to transfer the said shares in favour of the Petitioner without sufficient cause. This is a standard precedent of Appeal under Section 58(4) of the Companies Act, 2013 read with Rule 70 of the National Company Law Tribunal Rules, 2016 against the Company’s refusal to transfer the said shares.
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SUMMARY SUIT BASED ON DISHONOURED CHEQUES
This is a precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 for recovery of the amount based on the dishonoured cheques.
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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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SUMMARY SUIT FOR RECOVERY OF AMOUNT FOR GOODS SOLD AND DELIVERED
This is the precedent of Summary Suit to be filed under the provisions of Order XXXVII Rule 2 of the Code of Civil Procedure,1908 before appropriate court for recovery of amount for goods sold and delivered.
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AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS TO DEBT RECOVERY TRIBUNAL UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO RECOVER DEBT
This is a precedent of an Application by Banks/Financial Institutions under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 to recover debt before Debt Recovery Tribunal. In this case systematic fraud is play upon the Applicant.
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APPEAL FROM ORDER TO BE FILED BEFORE THE SUPEIROR COURT AGAINST THE ORDER PASSED BY LOWER CIVIL COURT IN AN APPLICATION FOR INTERIM RELIEFS
Appeal from Order is to be filed against certain orders passed in a suit before its final decision as provided under Section 104 read with Order 43, Rule 1 of Code of Civil Procedure, 1908.The trial court has passed an interim order and which is required to be challenged before the higher or superior court. This is the precedent for the same.
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SUIT BEFORE THE SMALL CAUSES COURT FOR RECOVERY OF POSSESSION ON THE GROUND THAT – (i) THE TENANT HAS UNLAWFULLY SUB-LET OR GIVEN ON LICENSE THE PREMISES UNDER SECTION 16(1)(e) OF THE MAHARASHTRA RENT CONTROL ACT, 1999; AND (ii) THE PREMISES ARE REQUIRED FOR THE IMMEDIATE PURPOSE OF DEMOLITION ORDERED BY ANY MUNICIPAL AUTHORITY OR OTHER COMPETENT AUTHORITY UNDER SECTION 16(1)(k) OF THE MAHARASHTRA RENT CONTROL ACT, 1999.
This is a precedent of an eviction suit to be filed before the Small Causes Court or before the court of civil judge for recovery of possession of the tenanted premises on the grounds that the Tenant has unlawfully sublet or given on license the premises as contemplated under section 16(1)(e) of the Maharashtra Rent Control Act, 1999 and further that the said premises are required by the landlord for immediate demolition as ordered by the concerned authority under section 16(1)(e) of the Maharashtra Rent Control Act, 1999 .
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AFFIDAVIT OF EVIDENCE IN SUPPORT OF COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of an Affidavit of Evidence in support of the Counter Statement (by the Applicant) to the Notice of Opposition filed under Trade Marks Act, 1999 opposing the registration of the Trade Mark advertised in Trade Journal.
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AN APPLICATION UNDER SECTION 17 OF THE SECUTARISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY A THIRD PARTY WHO IS NEITHER BORROWER NOR GUARANTOR
The Bank/Financial Institution has issued a Notice u/s. 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same against the property of a third party who is neither a borrower nor a guarantor nor in any manner responsible to Bank/ Financial Institution. This is a precedent of an application under Section 17 of the Secutarisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by a third party to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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AN APPEAL BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL CHALLENGING THE ORDER OF THE DEBT RECOVERY TRIBUNAL UNDER SECTION 20 OF THE RECOVERY OF DEBT DUE TO BANK AND FINANCIAL INSTITUTIONS ACT, 1993
This is a precedent of an appeal before the Debt Recovery Appellate F153Tribunal challenging the Order of the Debt Recovery Tribunal under Section 20 of the recovery of Debt due to Bank and Financial Institutions Act, 1993.
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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRST APPEAL WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF A SECOND APPEAL BEFORE THE HIGH COURT IF THE CASE INVOLVES A SUBSTANTIAL QUESTION OF LAW (SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908)
"The decree/ judgment passed by any appellate Civil Court in the first appeal which court is sub-ordinate to High Court can be challenged by way of a second appeal before the High Court provided the case involves a substantial question of law. This is a precedent of Second Appeal under Section 100 of the Code of Civil Procedure, 1908."
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AN APPLICATION TO THE RECOVERY OFFICER OF THE DEBT RECOVERY TRIBUNAL FOR RAISING THE ATTACHMENT LEVIED ON THIRD PARTY’S PROPERTY
This is a precedent of an Application to the Recovery Officer of the Debt Recovery Tribunal for raising the attachment levied on Third Party’s property.
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