Search Results for "oral mortgage"

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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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High Court

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation of Land Granted Under Ashraya Scheme — Co-operative Bank's Mortgage Rights Protected. The Court held that the condition prohibiting alienation for 25 years under the Karnataka Land Grant Rules, 1969 does not bar creation of a mortgage in favour of a co-operative bank for obtaining a housing loan.

5 Nov 2024

The petitioner, South Canara District Central Co-operative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

8 Jul 2011

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

Supreme Court

Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

5 Aug 1966

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Conditional Sale Deed Constructed as Mortgage. Court holds that a deed with a reconveyance clause is a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the mortgagee's adverse possession claim fails due to acknowledgment of title.

15 Feb 2017

The respondent (original plaintiff) filed a suit for possession and reconveyance of an agricultural land bearing Survey No.275, admeasuring 22 Ars, cl...

High Court

Bombay High Court Allows Second Appeal in Mortgage Tenancy Dispute — Tenancy Revived Upon Mortgage Redemption. The substantial question of law was whether the defendant's tenancy is revived once the mortgage is redeemed under the Transfer of Property Act, 1882.

28 Apr 2005

The case involves a second appeal by the original plaintiff, Tukaram Govind Patil (since deceased, represented by his heirs), against the original def...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

11 Sep 2019

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

High Court

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Bank's Auction Purchaser Under Karnataka Land Grant Rules, 1969. Condition Against Alienation for 25 Years Does Not Bar Mortgage or Auction Sale by Bank.

5 Nov 2024

The petitioner, South Canara District Central Co-operative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India se...

High Court

Bombay High Court Allows Petition Against Deficit Stamp Duty Demand Under Bombay Stamp Act, 1948 — Conveyance Deed Not Chargeable Under Section 25 as Mortgage Deed. The court held that a deed of conveyance mentioning an existing mortgage does not become a mortgage deed under Section 25 of the Bombay Stamp Act, 1948.

25 Sep 2014

The petitioner, Universal Ferro & Allied Chemicals Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

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