Search Results for "Constructive possession"

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Appeal Against Rejection of Public Trust Registration. The Court Examines Whether 'Shri Sheriche Mahadev Mandir' Qualifies as a Public Trust Under Maharashtra Public Trusts Act, 1950, Based on Admissions, Management History, and Will Deed.

The case arose from an attempt to register 'Shri Sheriche Mahadev Mandir' in Jalna as a public trust under the Maharashtra Public Trusts Act, 1950. Th...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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Bombay High Court Allows Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...