Search Results for "assignment deed"

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Search Results for "assignment deed"

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Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

Tribunals

NCLAT Dismisses Appeal Against Assignment of Debt by Government Authority in CIRP. Assignment of operational debt by a government authority to a private entity is valid under the IBC, and the assignee becomes an operational creditor with voting rights in the CoC.

17 Sep 2025

The appeal was filed by Ellison Oil Field Services Pvt. Ltd. against an order of the NCLT, Mumbai Bench 1 dated 21.08.2024, which dismissed an applica...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Assignment of Contractual Rights Requires Consent of Original Party. The Court held that assignees cannot enforce specific performance against original owners without their consent, as the original vendees' rights were extinguished by withdrawal of suit and cancellation of agreement.

25 Nov 2019

The case involves four suits for specific performance filed by Respondent Nos. 1 (assignees) against the Appellants (original owners) based on agreeme...

Supreme Court

Supreme Court Reverses High Court Judgment in Property Dispute, Declaring 1985 Document as Will, Not Gift. The Court Held That the Disposition Took Effect on Death, Not in Praesenti, Under Transfer of Property Act, 1882, and That the High Court Erred in Setting Aside Concurrent Findings Without a Substantial Question of Law Under Section 100 CPC.

24 Mar 2025

The appeal arose from a property dispute between siblings over a document executed by their father in 1985. The respondent, the daughter, filed a suit...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

High Court

Bombay High Court Allows Impleadment of Assignee in Execution Proceedings Despite Right of Pre-emption Claim. Assignee of share in suit property entitled to be brought on record under Order 1 Rule 10 CPC, independent of pre-emption rights under consent terms.

16 Jul 2014

The applicant, Nipun Thakkar, filed Chamber Summons No. 524 of 2013 seeking impleadment as a party in Execution Application (L) No. 370 of 2012 in Sui...

Supreme Court

Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

26 Nov 2021

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

High Court

Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

7 Apr 2016

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

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