Search Results for "equitable principle"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "equitable principle"

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Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

21 Dec 2015

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

High Court

Karnataka High Court Hears Writ Petition Challenging Forfeiture of Earnest Money by KSFC in E-Auction Under SARFAESI Act. Petitioner Claims Suppression of Pending Suit and Interim Order Affected Marketable Title, Rendering Auction Notification Fraudulent.

24 Sep 2019

The petitioner, N. Lakshmana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka seeking...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

High Court

High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

22 Jan 2024

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

High Court

Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

24 Jan 2019

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

Supreme Court

Supreme Court Allows Developer's Appeals in Consumer Disputes Over Delayed Possession — Compensation Modified to 9% Interest Per Annum in Line with Consent Orders. The Court held that the developer is entitled to a three-year completion period and compensation for delay shall be at a uniform rate of 9% per annum, not the higher rates awarded by the NCDRC.

10 May 2019

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) concerning d...

Supreme Court

Supreme Court Allows BSFC Appeal, Upholds Auction Sale Under Section 29 of SFC Act Despite Concurrent Findings of Trial Court and High Court. Borrower's Persistent Default and Failure to Discharge Liability Justifies Corporation's Statutory Power to Sell Mortgaged Property Without Interference by Civil Court.

1 Jan 2026

The case involves an appeal by the Bihar State Financial Corporation (BSFC) against a judgment of the Patna High Court which affirmed a trial court de...

High Court

Bombay High Court Hears Challenge to Anti-Suit Injunction Restraining Husband from Pursuing Divorce Case in Dubai; Examines Principles of Comity, Forum Conveniens, and Multiplicity of Proceedings Under CPC and Specific Relief Act. The family court’s order ignoring the habitual residence of the wife and child in a foreign jurisdiction was under scrutiny for failing to apply the principles of comity and forum conveniens.

29 Apr 2013

The dispute arose out of a matrimonial conflict between husband and wife, both Indian nationals, who were married in India and last resided together i...

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