Topic

possession restoration

3 articlesLatest 1 week ago
Article 227 | Police Aid Directed to Enforce Interim Injunction & Restore Possession to Plaintiff Forcibly Dispossessed During Suit : Madras HC
Case Law Analysis
|Madras High Court

Article 227 | Police Aid Directed to Enforce Interim Injunction & Restore Possession to Plaintiff Forcibly Dispossessed During Suit : Madras HC

The High Court ruled that a trial court's refusal to grant police aid for enforcing an interim injunction is revisable under Article 227 where the plaintiff was forcibly dispossessed during the suit. It directed police assistance to restore possession, holding that interim orders must be effectively enforced to prevent self-help. This strengthens protection for plaintiffs facing forceful dispossession pending litigation.

SARFAESI Act Section 13 | Oral Directions by DRT Cannot Validate Possession Restoration Without Written Order : Bombay HC
Case Law Analysis
|Bombay High Court

SARFAESI Act Section 13 | Oral Directions by DRT Cannot Validate Possession Restoration Without Written Order : Bombay HC

Bombay High Court rules that restoration of possession under the SARFAESI Act must strictly follow statutory procedures; oral directions or informal assurances from the Debt Recovery Tribunal are jurisdictionally invalid. The judgment reinforces that secured creditors cannot be compelled to relinquish possession based on unwritten assurances, safeguarding procedural fairness in debt recovery.

Article 226 | Eviction Without Notice Violates Natural Justice Under Articles 14 & 21 : Telangana HC Restores Possession to Family with Minor Children
Case Law Analysis
|Telangana High Court

Article 226 | Eviction Without Notice Violates Natural Justice Under Articles 14 & 21 : Telangana HC Restores Possession to Family with Minor Children

Telangana High Court ruled that eviction from a residential home housing minor children without prior notice is arbitrary and unconstitutional, violating principles of natural justice. The Court restored possession to the petitioner, emphasizing that statutory authorities must adhere to due process regardless of the forum involved.