DRT – Recovery of Debts due to Banks and Financial Institutions Act, 1993 -whether a suit containing a “counter-claim” or claiming a “set-off” filed by a debtor can be heard and tried before the Debt Recovery Tribunal (hereinafter referred to as ‘DRT’) under the RDB Act or must be tried by a Civil Court alone. – Apex court held that … Continue reading
Civil court has no jurisdiction against the properties covered under Securitisation Act.= Section 13, as already indicated, deals with the enforcement of the security interest without the intervention of the court or tribunal but in accordance with the provisions of the Securitisation Act. 22. Statutory interest … Continue reading
No interest shoudl be awarded – On presentation of a suit on the point of Jurisdiction after return under Or. VII, rule 10 C.P.C., Court should not grant interest from the date of filing of suit in earlier court as it is not presented on transfer. Hence any decree granting interest from the date of … Continue reading
CASE NO.: Appeal (civil) 2024 of 1999 PETITIONER:STATE OF KARNATAKA RESPONDENT:LAXUMAN DATE OF JUDGMENT: 25/10/2005 BENCH:CJI R.C. LAHOTI,G.P. MATHUR & P.K. BALASUBRAMANYAN JUDGMENT:J U D G M E N T WITH CIVIL APPEAL NOs. 4459/1999, 607-609/2000, 5547/2000, 1566/2000 and 1567/2001 P.K. BALASUBRAMANYAN, J. All these appeals involve questions connected with the scope and effect … Continue reading
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO…7784…… OF 2011 [Arising out of SLP [C] No.20741 of 2009] Shri Ambya Kalya Mhatre (d) Through legal heirs & Ors. … Appellants Vs. The State of Maharashtra … Respondents J U D G M E N T R.V.RAVEENDRAN, J. Leave granted. … Continue reading