Search Results for "encumbrance"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "encumbrance"

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High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

High Court of Karnataka Allows Canara Bank's Writ Petition Seeking Removal of Encumbrance Created by Commercial Tax Department on Mortgaged Property. Priority of Bank's Mortgage Over Statutory Charge Under Karnataka Value Added Tax Act, 2003 Upheld.

23 Sep 2025

The petitioner, Canara Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the St...

Supreme Court

Supreme Court Dismisses Appeals in Specific Performance Case — Buyer's Readiness and Williness Established. Time Held Not of Essence Due to Seller's Conduct in Accepting Delayed Payments and Continuing Negotiations.

21 Nov 2024

The dispute arose from an agreement for sale of immovable property dated 20th January 2005 between the sellers (appellants in CA 3015/2013) and the bu...

High Court

High Court of Karnataka Quashes Sub-Registrar's Refusal to Delete Agreement of Sale Entry from Encumbrance Certificate. Sub-Registrar Has No Power to Make Entries of Unregistered Agreements of Sale Under Registration Act, 1908, and Cannot Refuse Deletion.

4 Jan 2024

The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

High Court of Karnataka Allows Appeal for Specific Performance of Sale Agreement — Plaintiff Proved Readiness and Willingness to Perform Contract. The court held that the plaintiff was entitled to specific performance as he had deposited balance consideration and issued notice, satisfying Section 16(c) of Specific Relief Act, 1963.

6 Apr 2022

The appellant/plaintiff filed a suit for specific performance of an agreement of sale dated 12.09.2007 and 20.09.2007 for suit schedule property. The ...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

High Court

Bombay High Court Allows Revenue's Appeal in Part and Assessee's Appeal on Mortgage Repayment Issue. Repayment of mortgage debt created by the assessee is an expenditure incurred in connection with the transfer of mortgaged asset allowable under Section 48(i) of the Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of repayment...

High Court

Bombay High Court Allows Assessee's Appeal in Income Tax Case Regarding Deduction of Mortgage Repayment Under Section 48(i). The court held that repayment of mortgage debt is an expenditure incurred in connection with transfer of mortgaged asset, allowable under Section 48(i) of Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of mortgage ...

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