Search Results for "construction loan"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "construction loan"

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Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Due to Lack of Financial Creditor Status. Interest-Free Term Loan Does Not Qualify as Financial Debt Under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 as It Lacks Consideration for Time Value of Money.

26 Jul 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the dismissal by the National Company Law Appellate Tribun...

High Court

Karnataka High Court Quashes Demand for Deficit Stamp Duty Under Karnataka Stamp Act, 1957: Conditional Possession Undertaking Not a Usufructuary Mortgage. Mortgage Deed with Clause to Hand Over Possession on Default Held Chargeable as Simple Mortgage, Not Under Article 34(a) of Karnataka Stamp Act, 1957.

5 Aug 2019

The petitioners, a landowner and a builder, entered into a joint development agreement and subsequently executed a mortgage deed in favour of a bank t...

Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

High Court

Karnataka High Court Division Bench Hears Appeals Against Single Judge Order Quashing SARFAESI Auction Sale. Single Judge Had Canceled Sale Deed of Agricultural Land for Non-Compliance with Statutory Notice Requirements and Prohibition on Selling Agricultural Land under SARFAESI Act, 2002.

22 Jul 2022

The dispute arose from a writ petition filed by a borrower challenging the auction sale of his property under the Securitisation and Reconstruction of...

High Court

High Court of Judicature at Bombay Allows Appeals and Sets Aside Interim Injunction Protecting Non-Disposal Shares — Holds that Non-Disposal Agreement Shares were Meant to Secure Recompense Obligation under Loan Purchase Agreement for Shortfall after Sale of Pledged Shares. Assignment of Loan Did Not Extinguish the Loan Purchase Agreement and the Bank Could Enforce the NDA to Recover Shortfall.

3 Dec 2015

The appeals arose from a suit filed by United Breweries (Holdings) Limited (UBHL) and Kingfisher Finvest (India) Limited against ICICI Bank Limited an...

High Court

Bombay High Court Hears Cross Suits Involving Dispute Over Conveyance and Development Rights Under MOFA — Interim Injunctions Sought by Both Developer and Federation. Core Issue Concerns Whether Entire Land of a Layout Was to Be Conveyed to Federation, Precluding Developer from Completing Sanctioned Construction on Part of Land.

4 Nov 2025

The dispute concerns a layout development in Mulund (East), Mumbai, where Acme Enterprises (the Developer) claimed development rights over a larger pl...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Flat Booking - Reduction of Booking Amount to 15% Upheld as Valid Novation. Developer's Failure to Execute Agreement and Cancellation of Allotment Amounts to Deficiency of Service Under Consumer Protection Act, 1986.

25 Apr 2019

The dispute arose from a residential apartment booked by the appellants, Suman Jindal and another, with the respondent developer, M/s. Adarsh Develope...

High Court

Bombay High Court Allows Second Appeal in Loan Recovery Suit — Suit Barred by Limitation Under Article 19 of Limitation Act, 1963. Court holds that a suit for recovery of loan amounts advanced between 1981-1997, filed in 2002, is governed by Article 19 (three years from the date of loan) and not Article 1 (for accounts), as the loan was not a mutual, open, and current account.

8 Feb 2022

The Respondent, Vijay Construction, filed a suit on 31.10.2002 against the Appellants, Pedro Antonio D'Souza and Rita D'Souza, for recovery of ₹4,20...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

26 Nov 2012

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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