Search Results for "ostensible owner"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "ostensible owner"

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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

Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

20 Jan 2025

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

High Court

Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

15 Oct 2024

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Auction Sale — Upholds High Court's Finding That Auction Purchaser Was Real Owner, Not a Benami Front. The court held that the plaintiffs failed to prove that the auction purchaser was a benami for the original owner, and the suit was barred under Section 66(1) of the Code of Civil Procedure, 1908.

17 Mar 2020

The plaintiffs, wife and legal heirs of Govindasamy, filed a suit to set aside an auction sale of 1955 and seek possession of the suit property. The s...

Supreme Court

Supreme Court Allows Landlady's Appeal, Restores Eviction Decree on Ground of Subletting Under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Court held that a power of attorney holder who executes a lease and receives rent is a landlady under Section 2(6) of the Act, and the High Court erred in reversing the finding of subletting in revisional jurisdiction.

7 Jan 2020

The appellant, A. Mahalakshmi, held a power of attorney from the original owners of a property and executed a rental agreement dated 23.05.2007 in fav...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Under Section 163-A MV Act — Insurer Liable Despite Alleged Licence Violation. Claim under Section 163-A is no-fault liability; insurer cannot avoid payment on ground of driver lacking licence.

29 Jan 2014

The case arises from a claim petition under Section 163-A of the Motor Vehicles Act, 1988 filed by the legal representatives of Babasaheb Wankhede, wh...

High Court

Bombay High Court Allows Appeal Against Refusal of Injunction in Property Dispute — Sale Deed and Power of Attorney Challenged as Fraudulent. Court finds prima facie case of fraud and misrepresentation in execution of power of attorney and subsequent sale deed, granting injunction to protect plaintiffs' ownership rights.

28 Aug 2013

The appellants/plaintiffs, Hanif Gulamali Somji and others, filed an appeal against an order of the learned VI Joint Civil Judge Senior Division, Nash...

High Court

Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

26 Jul 2013

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

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