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K. MANMADHA RAO
B. V. Poornachandra Babu, S/o. Satyanarayana – Appellant
Versus
State of Andhra Pradesh, rep. by its Principal Secretary Home (Genera. B/A2) Department – Respondent
ORDER :
(K. Manmadha Rao, J.) :
This writ petition is filed under Article 226 of the Constitution of India, for the following relief :
2. The grievance of the petitioner is that the 3rd respondent styled himself as the absolute owner of Sri Manikanta Residency-III (SIMS Vihar) has executed three agreements of sale dated 28.7.2012 in favour of the petitioner. Having come to know that he was cheated by the management of 3rd respondent including its Managing Director Sri K.Surendra Babu , has issued a legal notice dated 22.2.2013 to the 3rd respondent and its Managing Director calling upon to discharge t
The court established that a prior judicial attachment order supersedes subsequent government actions regarding property attachment under the relevant acts.
Point of law: action of interfering into the peaceful possession and enjoyment of the petitioner by erecting board in the petitioner’s land is arbitrary exercise of power and it violates the fundamen....
The SARFAESI Act, 2002 has overriding effect over state laws, ensuring secured creditors' rights are prioritized in debt recovery.
when a statutory remedy is available, the Court may not normally entertain petition under Article 226 of the Constitution of India which is purely discretionary in nature.
Properties purchased with depositor funds are subject to attachment under the Tamil Nadu Protection of Interests of Depositors Act, regardless of subsequent transfers.
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
The main legal point established in the judgment is the priority of secured creditors, the overriding effect of the SARFAESI Act, and the protection of rights of auction purchasers.
Debt can be defined as an obligation to pay an ascertained sum of money, and therefore, a claim for compensation does not come within that purview.
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