Search Results for "immovable property"

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Search Results for "immovable property"

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Supreme Court

Supreme Court Allows Bank's Appeal Against Confiscation Orders Under Central Excise Act and SARFAESI Act. Commissioner's Use of Omitted Rule 173Q(2) Invalid and SARFAESI Act Grants Priority to Secured Creditors Over Excise Dues.

24 Feb 2022

The appeal arose from a judgment of the Allahabad High Court dismissing a writ petition filed by Punjab National Bank. The bank had extended credit fa...

Supreme Court

Supreme Court Dismisses Appeals of Agricultural Produce Market Committees in Service Tax Case on Exemption Grounds. The court upheld service tax liability for renting immovable property pre-01.07.2012, ruling that the activity was not a statutory duty under the Rajasthan Agricultural Produce Markets Act, 1961 and exemption under Circular No.89/7/2006 does not apply.

23 Feb 2022

The Supreme Court of India, in a judgment delivered by Justice M.R. Shah, addressed a group of appeals filed by various Krishi Upaj Mandi Samiti (Agri...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

Supreme Court

Supreme Court Modifies Compensation Award in Land Acquisition Appeal Under Land Acquisition Act, 1894. The Court Addressed Claims for Severance and Injurious Affection, Upholding Valuation Principles and Evidentiary Standards for Loss Determination.

4 Feb 2022

The dispute arose from the acquisition of land by the Government of Maharashtra for the BHIMA (Ujjani) Irrigation Project, which affected a trolley li...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

Supreme Court

Supreme Court Upholds Trial Court's Decision in Property Sale Dispute, Reversing High Court's Second Appeal - Validates Sale Deed Executed Under Power of Attorney and Awards Rendition of Accounts Against Agent. Registered Power of Attorney Cannot Be Cancelled Orally Under Registration Act, 1908, and Bona Fide Purchaser Protected Despite Agent's Breach of Internal Agreement.

28 Jan 2022

The dispute originated from a suit filed by the plaintiff, a junior engineer, regarding property he owned. He entered into an oral agreement to sell t...

Supreme Court

Supreme Court Dismisses Appeal in Rent Control Jurisdiction Dispute - Civil Court Lacks Jurisdiction Over Eviction of Statutory Tenant Under Haryana Rent Act. The Court held that the Civil Court has no jurisdiction to entertain a suit for possession as the subject property is governed by the Haryana (Control of Rent & Eviction) Act, 1973, and the respondents are statutory tenants who can only be evicted under Section 13 of that Act.

28 Jan 2022

The appeal arose from a dispute over jurisdiction in a possession suit concerning leased land in Kaithal, Haryana. The appellants, as owners, had leas...

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