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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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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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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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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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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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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 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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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 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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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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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 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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