Search Results for "Conditional Sale"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Conditional Sale"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Nominal and Void for Lack of Collector's Permission Under Fragmentation Act. The court restored the Trial Court's finding that the sale deed was a nominal transaction and void under Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, reversing the lower Appellate Court's decree for possession.

30 Oct 2015

The case involves a second appeal arising from a property dispute over Survey No.20/2. The plaintiff-respondent No.1 (Damodhar Narayan Sawale) filed R...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

7 Mar 2017

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Trust Property — Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of Charitable Trust Land Requires Sanction Under Section 36 of Maharashtra Public Trusts Act, 1950; Time Was Not of Essence but Plaintiff's Conduct Showed Lack of Readiness.

4 Mar 2015

The plaintiff, Bastion Constructions, a partnership firm engaged in building and development, filed a suit for specific performance of an agreement fo...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

High Court

Bombay High Court Allows Appeal in Suit for Reconveyance of Sale Deed Executed as Security for Loan — Transaction Held to be Mortgage by Conditional Sale. The court held that a sale deed executed with an agreement to reconvey upon repayment of a loan constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the suit for reconveyance filed within 30 years was within limitation.

26 Oct 2010

The appellant, Balbhim Sakharam Magar, filed an appeal against the judgment and order dated 10th July, 2003 in Regular Civil Appeal No. 25 of 1993, wh...

High Court

Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

17 Nov 2004

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

29 Nov 2023

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

High Court

Bombay High Court Allows Specific Performance of Agreement for Sale Despite Fragmentation Act Restrictions — Condition Precedent of Obtaining Permission Not Fulfilled by Vendor. Vendor's Failure to Obtain Permission Under Bombay Prevention of Fragmentation and Consolidation Holdings Act, 1947 Does Not Bar Specific Performance When Purchaser is Ready and Willing.

29 Nov 2012

The appellant, Shantaram Babu Longale, filed Regular Civil Suit No. 71 of 1981 against the respondents for specific performance of an agreement for sa...

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...

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