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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
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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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APPLICATION SEEKING PERMISSION/LEAVE TO TRAVEL ABROAD WHILE ON BAIL
While allowing the Bail Application, it is practiced to impose condition upon the Applicant not to travel outside India without permission of the Court. This is a precedent of an Application to obtain permission from the Court to travel abroad.
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AN APPLICATION FOR CANCELLATION OF ANTICIPATORY BAIL GRANTED UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973
An order for ABA is already granted, however, the Accused/Applicant has breached the conditions imposed by the court. This is the precedent of an Application for cancellation of ABA.
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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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WRIT PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE FOR QUASHING OF FIRST INFORMATION REPORT (BY CONSENT OF THE PARTIES)
This is the precedent of Writ petition for quashing of First Information Report (FIR) to the High Court by consent of the parties.
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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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AN APPLICATION BY BANKS/FINANCIAL INSTITUTIONS UNDER SECTION 19 OF THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 TO DEBT RECOVERY TRIBUNAL
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.
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APPLICATION FOR DISPENSING WITH THE CONDITION IMPOSED WHILE GRANTING ANTICIPATORY BAIL
The Conditions are imposed while granting Anticipatory Bail (ABA). The Applicant wants to apply to the Court for dispensing with the conditions. This is the precedent for the same.
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AN APPLICATION FOR GRANT OF BAIL UNDER PROVISIONS OF SECTION 437(A) (WHERE ACCUSED IS ACQUITTED) OF THE CRIMINAL PROCEDURE CODE, 1973
This is the precedent of an Application for Grant of Bail under the provisions of Sec 437 (A) (where Accused is acquitted) of the Criminal Procedure Code, 1973.
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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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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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REVISION APPLICATION BEFORE THE SESSIONS COURT U/S. 397 OF THE CRIMINAL PROCEDURE CODE, 1973 AGAINST THE ORDER OF THE MAGISTRATE’S COURT U/S. 102 OF THE SAID CODE REFUSING TO DE-FREEZE BANK ACCOUNTS
The Magistrate's court has refused to de-freeze Bank Account of the Accused. The remedy is to approach the Session's court. This is the precedent of Revision Application before the Session Court U/S. 397 of the Criminal Procedure Code, 1973 against the order of the Magistrate's Court U/s. 102 of the said code refusing to de-freeze Bank Account
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SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT OF INDIA CHALLENGING THE HIGH COURT’S ORDER ON ANTICIPATORY BAIL APPLICATION
This is the precedent of Special Leave Petition before the Supreme Court of India challenging the High Court's order on anticipatory bail application. ABA is rejected by the Sessions court and High Court. The Supreme Court is the highest court to challenge the High Court's refusal and seek Anticipatory Bail.
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