Search Results for "mortgaged properties"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "mortgaged properties"

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High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

3 May 2016

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Fact on Adverse Possession and Benami Transaction. The court held that the plaintiffs failed to prove title and possession, and the defendants established adverse possession for over 12 years, rejecting the claim of benami ownership under the Benami Transactions (Prohibition) Act, 1988.

7 Jan 2025

The case involves a property dispute between the plaintiffs (respondents) and the defendants (appellants) over 5.82 acres of land in Survey No. 211/1....

High Court

Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

15 Jul 2021

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

Bombay High Court Considers Writ Petitions and Civil Revision Application Challenging Execution of Decree for Specific Performance; Executing Court Had Directed Sale Deed Execution. The dispute arose from a decree in First Appeal No. 790 of 1991 requiring deposit of consideration and execution of sale deed of about 18.07 acres land at Mouza Dhaba, Nagpur.

6 Jan 2011

The matter comprised three connected proceedings—Writ Petition Nos. 113 and 1691 of 2010, and Civil Revision Application No. 76 of 2009—filed befo...

Supreme Court

Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

3 Apr 2020

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

High Court

Bombay High Court Allows Appeals Against Section 9 Orders in Arbitration Disputes — Interim Relief Set Aside Due to Lack of Urgency and Failure to Seek Enforcement of Mortgage. Court holds that when a creditor has a mortgage over property, the appropriate remedy is to enforce the mortgage rather than seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, especially when arbitration proceedings are already pending or an award has been passed.

8 Aug 2013

The appeals arose from a judgment and order of a learned Single Judge dated 5 February 2013, which granted interim relief under Section 9 of the Arbit...

High Court

Madras High Court Allows TIIC's Recovery Petition Against Guarantors in SFC Act Case — Guarantors Held Jointly and Severally Liable Despite Company's Winding Up. Liability of Guarantors Under Sections 31(a) and 31(aa) of State Financial Corporations Act, 1951 Survives Liquidation of Principal Borrower and Receipt of Amount from Official Liquidator.

7 Jan 2025

The petitioner, Tamil Nadu Industrial Investment Corporation Limited (TIIC), a State Financial Corporation, filed an original petition under Sections ...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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