Search Results for "Encumbrances"

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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...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Encumbrances"

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High Court

Madras High Court Quashes Tax Demand Against Auction Purchaser in TNVAT Recovery Case — Priority of Crown Debt Over Mortgagee's Right. The court held that a bona fide auction purchaser who buys property through a mortgagee's sale under Section 69 of the Transfer of Property Act, 1882 takes the property free of all encumbrances, including subsequent tax demands under Section 24 of the Tamil Nadu Value Added Tax Act, 2006.

21 Jan 2025

The petitioner, D.K. Sadasivam, was the successful purchaser of a property (S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharm...

Supreme Court

Supreme Court Allows Appeal in Tender Dispute Over Solvency Certificate Requirement — Holds That Private Architect's Valuation Certificate Satisfies 'Haisiyat Praman Patra' Condition. The Court ruled that the term 'haisiyat praman patra' in the NIT does not exclusively mean a certificate issued by the District Magistrate, and a certificate from a qualified private architect can be accepted if it meets the prescribed value.

1 Jan 2025

The dispute arose from a tender floated by the Krishi Utpadan Mandi Parishad (1st respondent) for leasing out a banquet hall/terrace lawn for 10 years...

High Court

Bombay High Court Allows Appeals by Public Charitable Trust Against Municipal Corporation's Property Tax Assessment, Reduces Rateable Value and Orders Refund of Excess Tax. The court held that the transferor does not lose locus to prosecute the appeal and that the second proviso to Section 217(5) of the MMC Act does not bar refund of excess tax.

12 Nov 2024

The appellant, Nagari Niwara Parishad, a public charitable trust registered under the Bombay Public Trusts Act, 1950, constructed 6213 tenements on 62...

High Court

Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Resettlement Project Due to Unexplained Delay of 12 Years. Petitioners' challenge to 2006 order of Divisional Commissioner fails as they failed to demonstrate diligence after personal hearing in 2005.

25 Oct 2024

The petitioners, four individuals who are grandchildren of the original landowner Babasaheb Khadirsaheb Pirjade, filed a writ petition in 2018 challen...

High Court

Bombay High Court Directs Municipal Corporation to Follow 2013 Act for Land Acquisition When Owner Refuses TDR. Land Reserved for Public Purpose Under MRTP Act Cannot Be Acquired by Compelling TDR; Authority Must Initiate Acquisition Under 2013 Act if Owner Refuses TDR.

1 Jan 2024

The petitioner, a Public Charitable Trust, owned land bearing CTS No.216(pt) and CTS No.190 in Village Mandapeshwar, Borivali, Mumbai. The land was re...

High Court

High Court of Karnataka Dismisses Appeal in Land Acquisition Case — Appellants Failed to Prove Title and Possession. Land Acquisition Under KIAD Act Upheld as Appellants Were Not Owners and Compensation Was Already Paid to Recorded Owner.

17 Aug 2020

The appellants, Sri K. Srinivas Murthy and Smt S.V. Padma, filed a writ appeal against the order of a Single Judge dismissing their writ petition chal...

High Court

Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

17 Sep 2019

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

High Court

Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

29 Nov 2016

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine Transaction. Court finds that the plaintiff failed to establish the execution and validity of the agreement to sell, and the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

10 Sep 2015

The appellant, Mr. Arjun M. Menda, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, agai...

High Court

Bombay High Court Dismisses CIDCO's Writ Petition Challenging Revenue Minister's Revision Order in Land Dispute. Held that the Minister's order setting aside mutation entries and directing restoration of original names was within jurisdiction and did not suffer from any error of law warranting interference under Articles 226 and 227 of the Constitution.

20 Jul 2011

The City and Industrial Development Corporation (CIDCO) filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bomba...

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