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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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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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AN APPLICATION BY A THIRD PARTY TO DEBT RECOVERY TRIBUNAL FOR VACATING AN INJUNCTION ORDER PASSED AGAINST HIS PROPERTY FOR THE DEBT OF THE BORROWER
This is a precedent of an Application by a third party to Debt Recovery Tribunal for vacating an injunction order passed against his property for recovery of Debt of Borrowers/Guarantors.
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STATEMENT OF FACTS AND GROUNDS OF APPEAL TO BE FILED BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) ALONGWITH FORM NO. 35 (Rule 45) UNDER THE INCOME TAX ACT,1961 AGAINST THE ASSESSING OFFICER’S ORDER U/S. 143(3) OF THE ACT
The Assessing Officer has passed an Order against the Assessee u/s 143 of The Income Tax Act. Now this needs to be challenged further. This is the precedent of Statement of Facts and Grounds of Appeal to be filed before Commissioner of Income Tax (Appeals) along with 35 [Rule 45] against the Order of the Assessing Officer.
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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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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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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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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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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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CIVIL REVISION APPLICATION CHALLENGING THE JUDGMENT AND ORDER PASSED BY APPELLATE BENCH OF SMALL CAUSES COURT
This is a precedent of Revision Petition to the Hon’ble High Court under section 115 of the Civil Procedure Code,1908.A revision to High Court is available only in those cases and against such orders where no appeal lies and revisional jurisdiction can be exercised suo moto in certain cases including on the ground of jurisdiction error.
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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 UNDER SECTION 17 OF THE SECUTARISATION 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 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and threatening to take actions under the same. 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 to be filed before Debt Recovery Tribunal challenging the said action of the Bank/Financial Institution.
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