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The Order of framing charge or refusing discharge can be interfered by the High Court under the power of its inherent jurisdiction in Section 482 in the interest of Justice.

The Order of framing charge or refusing discharge can be interfered by the High Court under the power of its inherent jurisdiction in Section 482 in the interest of Justice.

The Supreme Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh, dated 07.05.21, held that “The correct position of the law laid down in Madhu Limaye (supra), thus is that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore…

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Writs under Article 226 can be filed in contractual matter where the other party in Contract is State or its instrumentalities.

Writs under Article 226 can be filed in contractual matter where the other party in Contract is State or its instrumentalities.

The Supreme Court in UNITECH Limited & Ors. Vs. Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors., dated 17.02.21 held that “It is necessary to postulate that recourse to the jurisdiction under Article 226 of the Constitution is not excluded altogether in a contractual matter. A public…

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Court can interfere with Consent Decree if obtained through Fraud, Misrepresentation, or Mistake.

Court can interfere with Consent Decree if obtained through Fraud, Misrepresentation, or Mistake.

The Supreme Court in Compack Enterprises India (P) Ltd. Versus Beant Singh, dated 17.02.21, reiterated that “It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties. Resultantly, this Court has held that it would be slow…

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Separate civil suit by Locker holders for claiming cost of articles kept inside locker in case of theft, loss or misappropriation when bank contests claim and its liability or negligence. The remedy under Consumer Protection Act is also available against deficiency of services by bank.

Separate civil suit by Locker holders for claiming cost of articles kept inside locker in case of theft, loss or misappropriation when bank contests claim and its liability or negligence. The remedy under Consumer Protection Act is also available against deficiency of services by bank.

The Supreme Court in Amitabha Dasgupta Versus United Bank of India & Ors., dated 19.02.21 held that “In the present case, the Respondent bank has not disputed their negligence in breaking open the locker in spite of clearance of rental dues by the Appellant. However, the number…

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Requirement of pre-deposit with Appellate Court is mandatory before filing any Appeal against the Order of DRT under ‘SARFAESI’ Act.

Requirement of pre-deposit with Appellate Court is mandatory before filing any Appeal against the Order of DRT under ‘SARFAESI’ Act.

The Supreme Court in Kotak Mahindra Bank Pvt. Ltd. Versus Ambuj A. Kasliwal & Ors., dated 16.02.21 reiterated that “It is noticed that this Court while considering an analogous   provision contained in Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement   of   Security Interest…

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