Search Results for "simple 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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "simple mortgage"

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High Court

Karnataka High Court Hears Appeal Under Order 43 Rule 1(r) CPC Against Dismissal of Interim Injunction Applications in Suit for Recovery of Mortgage Debt. Appellant Sought to Restrain Further Mortgage and Commercial Operations Pending Suit.

23 Nov 2024

The appeal arose from a recovery suit filed by M/s Gaurav Rose Real Estate Pvt. Ltd. against M/s Blue Horizon Hotels Pvt. Ltd. and others for Rs.5 cro...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Court holds that findings of fact based on evidence cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

29 Nov 2023

The case involves a property dispute between the appellants (original defendants) and respondents (original plaintiffs) over agricultural land. The pl...

High Court

Bombay High Court Allows Writ Petition Challenging SARFAESI Section 14 Order and Possession Notices Due to Lack of Proper Service and Violation of Natural Justice. The court set aside the order under Section 14 of the SARFAESI Act, 2002 and subsequent possession notices as they were passed without notice to the petitioner, who was not a borrower or guarantor.

22 Sep 2022

The petitioner, Satishkumar Surendra Shetty, filed a writ petition before the Bombay High Court challenging an order dated 9 February 2017 passed by t...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

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

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Suit for partition and separate possession of joint family properties held not barred by limitation as possession of co-owner is possession on behalf of all co-owners under Hindu law.

18 Mar 2015

This is a first defendant's appeal against the judgment and decree dated 09.04.2010 passed in R.A. No.255/2002 on the file of the Presiding Officer, F...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

5 Mar 2014

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...

Supreme Court

Supreme Court Upholds Transaction as Mortgage and Denies Rendition of Accounts in Transfer of Property Act Case. Arrangement with Debt and Security for Repayment Classified as Mortgage Under Section 58, and Receipts in Lieu of Interest Contract Exempts Mortgagee from Liability to Account Under Section 77.

23 May 1958

The dispute arose from a document executed by the original owner (mortgagor) hypothecating an eight annas share in a village to secure a debt of Rs. 2...

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