Search Results for "unregistered agreement"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — No Prima Facie Case Made Out for Interim Relief. The court held that the appellant failed to establish a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC as the agreement of sale was unregistered and the claim appeared stale.

23 Nov 2024

The appellant, M/s. Gaurav Rose Real Estate Pvt. Ltd., filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 190...

High Court

"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

21 Nov 2024

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

High Court

Jurisdictional Dispute under Section 24, Maharashtra Rent Control Act, 1999 Residential vs. Commercial Use – A Legal Tug-of-War

12 Nov 2024

The Bombay High Court addressed the jurisdictional issue under Section 24 of the Maharashtra Rent Control Act, 1999 (MRC Act), concerning eviction of ...

High Court

High Court Dismisses Plea of Possession Over Disputed Premises. "Entry via License, Not Lease: Court Upholds Eviction, Denying Claim to Occupy Premises"

17 Oct 2024

The Bombay High Court dismissed the Civil Revision Application and Writ Petition concerning possession over a flat based on disputed lease rights. The...

Supreme Court

Supreme Court Upholds Trial Court's Decision to Impose Ten Times Penalty on Deficit Stamp Duty. The Supreme Court confirms that a ten-times penalty on deficit stamp duty is justified under Section 34 of the Karnataka Stamp Act, 1957, when the appellant opts to pay the duty at an interlocutory stage.

2 Sep 2024

1. Background: The appellant filed a suit (O.S. No. 610 of 2015) for specific performance of an agreement for sale dated 04.11.1996 and sought to s...

High Court

"Upholding Eviction: Court Rules in Favor of Landlord Under Maharashtra Rent Control Act" "Conclusive Evidence in Written Agreements Seals Eviction; Jurisdictional and Procedural Claims Dismissed"

24 Jun 2024

The case involves the eviction proceedings under Section 24 of the Maharashtra Rent Control Act, 1999, based on Leave and License Agreements between t...

Supreme Court

Supreme Court Nullifies Land Dispute Restoration: Non-Party Delay Condonation Overturned Ensuring Procedural Integrity: Supreme Court Sets Precedent Against Entertaining Applications from Non-Parties

8 May 2024

The Supreme Court allowed an appeal challenging the judgment of the High Court, which had upheld the trial court's decision to condone...

High Court

High Court of Karnataka Quashes Sub-Registrar's Refusal to Delete Agreement of Sale Entry from Encumbrance Certificate. Sub-Registrar Has No Power to Make Entries of Unregistered Agreements of Sale Under Registration Act, 1908, and Cannot Refuse Deletion.

4 Jan 2024

The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

Supreme Court

Supreme Court Allows Defendant's Appeal in Specific Performance Suit Regarding Admissibility of Unregistered Agreement. The Court held that an unregistered agreement to sell, though compulsorily registrable under state amendment, is inadmissible as evidence in a suit for specific performance under Section 49 of the Registration Act, 1908, as it does not serve as evidence of a contract affecting property rights.

10 Apr 2023

The background of the dispute involved a civil suit for specific performance of an agreement to sell dated 10.09.2013, filed by the original plaintiff...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

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