Search Results for "Conditional Sale"

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Adjudicates Appeal Under Section 14 of Admiralty Act Against Single Judge Order Dismissing Defendant's Notice of Motion. The dispute concerned breach of a bareboat charterparty and a subsequent time charterparty regarding a vessel.

The original plaintiff, Siem Offshore Rederi AS, a Norwegian company, filed Admiralty Suit (L) No. 20 of 2018 before the Bombay High Court against the...

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Bombay High Court Allows Second Appeal in Mortgage Tenancy Dispute — Tenancy Revived Upon Mortgage Redemption. The substantial question of law was whether the defendant's tenancy is revived once the mortgage is redeemed under the Transfer of Property Act, 1882.

The case involves a second appeal by the original plaintiff, Tukaram Govind Patil (since deceased, represented by his heirs), against the original def...

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Supreme Court Dismisses State's Appeal in Adverse Possession Case, Upholds Plaintiffs' Right to Possession. State Cannot Claim Adverse Possession Against Private Citizens; Implied Admission of Title by Pleading Adverse Possession Under Order VIII Rule 5 CPC.

The dispute pertains to a piece of land measuring 18 Biswas Pukhta comprised in Khasra No. 2348 and Khasra No. 2458, situated in Bahadurgarh, Haryana,...

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Bombay High Court Dismisses Second Appeal in Suit Rejection Case — Conditional Withdrawal Without Payment of Costs Bars Fresh Suit. Order VII Rule 11(d) CPC applied to reject plaint where earlier suits were withdrawn with permission to file fresh suit but costs condition was not fulfilled.

The appellants, original plaintiffs, filed Special Civil Suit No.30 of 2007 seeking declaration that a sale deed was illegal, null and void. The respo...