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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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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRSTÂ APPEALÂ WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF AÂ SECOND APPEALÂ 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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NOTICE TO BORROWERS AND THE GUARANTORS UNDER SECTION 13 (2) OF SARFAESIA, 2002 BY BANKS/FINANCIAL INSTITUTIONS
This is a precedent of notice by the Banks/Financial Institutions to the Borrower and the guarantors under Section 13 (2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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A SECURITISATION APPEAL TO DEBT RECOVERY APPELLATE TRIBUNAL CHALLENGING THE ORDER OF DEBT RECOVERY TRIBUNAL UNDER SECTION 18 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002.
The Bank/Financial Institution has issued a notice u/s 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. A Securitisation Application u/s. 17 of the said Act was filed by the Borrower before Debt Recovery Tribunal which is rejected. This is a precedent of an appeal u/s 18 of the said Act to Debt Recovery Appellate Tribunal challenging the said Order of Debt Recovery Tribunal.
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AN APPLICATION TO CHIEF METROPOLITAN MAGISTRATE OR DISTRICT MAGISTRATE BY BANKS/FINANCIAL INSTITUTIONS/ SECURED CREDITOR U/S. 14 OF SARFAESI ACT, 2002 FOR THE PURPOSE OF TAKING POSSESSION/FORCIBLE POSSESSION OR CONTROL OF THE SECURED ASSET
This is a precedent of an Application to Chief Metropolitan Magistrate or District Magistrate by Banks/Financial Institutions/Secured Creditor u/s. 14 of SARFAESI Act, 2002 for the purpose of taking possession/forcible possession or control of the Secured Asset. The Bank/Financial Institution/ Secured Creditor has become entitled to the possession of the Secured Asset under the provisions of SARFAESI Act, however, the Borrower is not co-operating.
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CERTIFICATE OF SALE OF IMMOVABLE PROPERTY BY BANKS UNDER SARFAESI ACT, 2002
This is a precedent of Sale of immovable property by Banks under SARFAESI Act 2002
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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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SUIT BEFORE THE SMALL CAUSES COURT FOR RECOVERY OF POSSESSION ON THE GROUND THAT THE TENANT HAS NOT USED THE PREMISES FOR A CONTINUOUS PERIOD OF MORE THAN SIX MONTHS UNDER SECTION 16(1)(n) 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 ground that the Tenant has not used the said premises for a continuous period of more than six months as contemplated under section 16(1)(n) of the Maharashtra Rent Control Act, 1999.
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EVICTION SUIT BEFORE THE SMALL CAUSES COURT OR THE COURT OF CIVIL JUDGE FOR RECOVERY OF POSSESSION ON THE GROUND THAT – (A) THE TENANT HAS BEEN GUILTY OF CONDUCT WHICH IS A NUISANCE OR ANNOYANCE TO THE ADJOINING OR NEIGHBOURING OCCUPIER UNDER SECTION 16(1)(c) OF THE MAHARASHTRA RENT CONTROL ACT, 1999; AND {B} THE PREMISES ARE REASONABLY AND BONA FIDE REQUIRED BY THE LANDLORD UNDER SECTION 16(1)(g) OF THE MAHARASHTRA RENT CONTROL ACT 1999
This is a precedent of an eviction suit before the Small Causes Court or the Court of Civil judge for recovery of possession on the ground that – (a) The Tenant has been guilty of conduct which is a nuisance of annoyance to the adjoining or neighbouring occupier under Section 16(1)(c) of the Maharashtra Rent Control Act, 1999; and (b) The premises are reasonably and bonafide required by the Landlord for occupation by himself under Section 16(1)(g) of the Maharashtra Rent Control Act, 1999.
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REPLY UNDER SECTION 13 (3A) OF SARFAESI, 2002 OF THE BORROWER/GUARANTORS TO STATUTORY NOTICE OF BANK/FINANCIAL INSTITUTION UNDER SECTION 13 (2) OF SARFAESIA, 2002
This is a precedent of reply under Section 13 (3A) of Sarfaesi, 2002 of the Borrower/Guarantors to statutory notice of Bank/Financial Institution under Section 13 (2) of Sarfaesi, 2002
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RERA – APPEAL TO APPELLATE TRIBUNAL AGAINST THE ORDER OF MEMBER/ADJUDICATING OFFICER
This is a precedent of an Appeal to be filed before The Real Estate Appellate Tribunal against the Order of member/adjudicating officer under the provisions of The Real Estate (Regulation and Development) Act, 2016 (RERA).
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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
This is a precedent of First Appeal to High Court. First Appeal challenging the Judgment and order passed by the Lower Civil Court before the Superior Court. An aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.
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COUNTER STATEMENT TO THE NOTICE OF OPPOSITION TO THE REGISTRATION OF THE TRADE MARK
This is the precedent of 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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