Search Results for "prior mortgagee suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "prior mortgagee suit"

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High Court

Karnataka High Court Dismisses KSFC's Petition to Implead in Specific Performance Suit. Mortgagee is not a necessary party to a suit for specific performance of a contract for sale.

5 Mar 2015

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

2 Feb 2010

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Appellants' Possessory Title Upheld Over Respondents' Claim of Redemption. Court holds that a mortgagee in possession acquires title by adverse possession after 12 years from the date of mortgage if the mortgagor fails to redeem within the limitation period under Article 61 of the Limitation Act, 1963.

14 Oct 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of mortgage and possession filed by the respondents ...

Supreme Court

Supreme Court Allows Appeal by Auction Purchaser, Holding that Doctrine of Lis Pendens Applies to Mortgage Award Proceedings under Section 52 Transfer of Property Act, 1882. Purchase Made During Pendency of Mortgage Award Proceedings Not Protected by Prior Attachment; Release Deed by Mortgagee Society Held Binding but Not Affecting Pending Award.

5 Sep 1969

The dispute arose from a series of transactions concerning two survey numbers in Mouza Buxar. One Ram Narain Ram mortgaged his half share in the plots...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

High Court

Bombay High Court Dismisses Second Appeal by Mortgagee in Redemption Suit — Mortgagee's Claim of Tenancy Rejected. Usufructuary Mortgagee Cannot Convert Possession into Tenancy Without Surrender of Possession and Fresh Lease; Suit for Redemption Filed Within Limitation Period of 30 Years Under Article 61(a) of Limitation Act, 1963.

16 Aug 2005

The appellant, Mhamulal Husen Momin, was the original defendant in a suit for redemption of mortgage filed by the respondents, who were the heirs of B...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Rejection of Claim Petition Under Order 21 Rule 58 CPC — Mortgagee Bank's Rights Prevail Over Subsequent Attachment in Execution Proceedings. The court held that the learned Civil Judge erred in rejecting the bank's claim without inquiry and on an erroneous assumption that the attachment preceded the mortgage.

20 Oct 2011

The petitioner, Central Bank of India, filed a writ petition challenging an order dated 18/03/2011 passed by the learned Civil Judge, Senior Division,...

High Court

High Court Allows Bank Appeal, Holds Guarantors Liable for Loan Recovery; Trial Court's Dismissal Against Guarantors Reversed. Equitable Mortgage by Deposit of Title Deeds Valid and Suit Within Limitation as Guarantors Agreed to be Bound by Principal Borrower's Acknowledgment.

9 Apr 2014

The dispute arose from a loan recovery suit filed by Allahabad Bank against the principal borrower and six guarantors. The bank had sanctioned a loan ...

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