Search Results for "transfer of property"

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Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

Supreme Court

Supreme Court Dismisses State's Appeal in Lease Termination Case Due to Procedural Non-Compliance. Lease Termination Invalid as State Failed to Provide Notice and Opportunity to Remedy Default Under Clause 12 of Lease Deed, 1979, and Assignment to Partnership Firm Did Not Constitute Breach Under Clause 14.

3 Sep 2021

The dispute originated from the State of Kerala's termination of a lease agreement concerning 246.26 acres of forest land, initially auctioned in 1953...

Supreme Court

Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

27 Aug 2021

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case Due to Unregistered Tenancy and Lack of Evidence. Tenant's Claim of Prior Tenancy Fails as It Exceeded One Year Without Registered Instrument Under Section 107 of Transfer of Property Act, 1882, and Tenant-in-Sufferance Not Protected Under SARFAESI Act.

17 Aug 2021

The dispute arose from a criminal appeal before the Supreme Court challenging orders of the Chief Metropolitan Magistrate, Mumbai, which rejected the ...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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