Search Results for "Transfer of Property Act"

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Search Results for "Transfer of Property Act"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute Involving Section 43 of Transfer of Property Act, 1882 — First Appellate Court Erred in Holding No Fraudulent Transfer Despite Unauthorized Sale Deed Execution. The court held that the principle of estoppel by deed under Section 43 applies when a person transfers property without title and subsequently acquires it, making the transfer valid.

10 Sep 2015

The case involves a second appeal arising from a property dispute. The appellants are the legal representatives of the original defendant Mahadeo, and...

High Court

Bombay High Court Dismisses Second Appeal in Injunction Suit — Plaintiff Not Entitled to Protection Under Section 53-A of Transfer of Property Act for Want of Readiness and Willingness. The court upheld the concurrent findings that the plaintiff failed to prove readiness and willingness to perform the contract, a prerequisite for protection under Section 53-A of the Transfer of Property Act, 1882.

20 Aug 2015

The appellant, Reubai w/o Tulsiram, filed a suit for permanent injunction against Babalal s/o Husenbhai, claiming that the defendant had agreed to sel...

High Court

Bombay High Court Allows Landlord's Eviction Suit — Tenant's Denial of Title Forfeits Tenancy. Denial of Landlord's Title in Written Statement Constitutes Disclaimer Under Section 111(g) of Transfer of Property Act, 1882, and Acceptance of Rent After Forfeiture Does Not Waive Notice.

9 Jul 2015

The dispute pertains to a suit tenement on the ground floor of Plot no.99/2 situated in Nazul Sheet no.33B at Khamgaon, District Buldana, which was le...

High Court

Bombay High Court Quashes Stamp Duty Demand on Oral Gift Under Muslim Law — Oral Gift Reduced to Writing for Mutation Not Subject to Stamp Duty. The court held that a valid oral gift under Muslim law requires only declaration, acceptance, and delivery of possession; writing is not essential, and no stamp duty is leviable under the Transfer of Property Act, 1882 or the Registration Act, 1908.

6 Jan 2015

The petitioner, Mohammed Yusuf, a Muslim, challenged a stamp duty demand notice dated 14/12/1998 issued by the Sub-Registrar and Stamp Collector, Bhan...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Title and Adverse Possession. Court holds that plea of adverse possession must be specifically pleaded and proved, and that the First Appellate Court's reversal of trial court's finding on adverse inference was justified.

5 Aug 2014

The case involves a Second Appeal filed by the appellants (original plaintiffs) against the judgment of the First Appellate Court which reversed the t...

High Court

Bombay High Court Allows Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Possession and Ownership. Court holds that a co-owner in exclusive possession of a portion of joint property cannot be dispossessed without a decree for partition and separate possession under Section 44 of the Transfer of Property Act, 1882.

24 Jul 2014

The case involves a dispute among co-owners of a joint family property. The original plaintiff, Shantaram Bapu Kambli, filed a suit for possession of ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

6 Mar 2014

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

High Court

Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

28 Feb 2014

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

High Court

Bombay High Court Allows Revision Application in Rent Control Case — Eviction Set Aside Due to Invalid Notice Under Section 12(3)(a) of the Bombay Rents Act. Notice demanding arrears of rent must give 15 clear days as per Section 106 of Transfer of Property Act, and service on 30th April demanding payment by 15th May does not comply.

30 Nov -0001

The case involves a civil revision application filed by the original defendant No.1, Anil Gangekar, against the judgment and decree of eviction passed...

High Court

Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

30 Nov -0001

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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