Search Results for "voidable sale"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "voidable sale"

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Supreme Court

Supreme Court Upholds Petitioner in IPC Marital Rape Exception Challenge; Declares Exception 2 to Section 375 IPC Unconstitutional for Girls Aged 15-18. The Court Held That the Exception Violates Articles 14, 15(3) and 21 of the Constitution by Discriminating Between Married and Unmarried Girls and Disregarding Child Marriage Prohibition.

1 Aug 2026

The writ petition under Article 32 of the Constitution was filed by Independent Thought, a child rights society, challenging Exception 2 to Section 37...

High Court

Madras High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court holds that plaintiff failed to prove title and possession, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

18 Jun 2026

The case involves two second appeals arising from a common judgment of the Additional Sub Judge, Chengalpattu, in A.S. No.12 of 2001, which modified t...

Supreme Court

Supreme Court Allows Appeal in Title Suit Over Land Dispute, Reversing High Court on Requirement to Challenge Sale Deed. Plaintiff Established Title Through Valid Gift Deed Under Muslim Law, Making Subsequent Sale Deed Void Ab Initio and Unnecessary for Cancellation Under Code of Civil Procedure, 1908.

23 Apr 2025

The dispute involved a title suit over land where the appellants, as legal heirs of the original plaintiff, claimed ownership through a registered gif...

High Court

High Court of Karnataka Adjudicates Regular First Appeals Against Trial Court Decree in Suit for Declaration and Permanent Injunction. Property Dispute Among Multiple Parties Pertaining to Immovable Property Under Code of Civil Procedure, 1908.

1 Oct 2024

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High Court

Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

13 Dec 2023

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

High Court

Bombay High Court Rejects Plaint in Property Suit as Barred by Limitation — Failure to Disclose Cause of Action Within Three Years of Knowledge of Alleged Fraud Leads to Rejection Under Order VII Rule 11(d) CPC. The court held that the plaintiff's knowledge of the alleged fraud in 2015 or earlier triggered the limitation period under Article 58 of the Limitation Act, 1963, and the suit filed in 2021 was beyond the prescribed period.

18 Jul 2022

The plaintiff, Ramesh Mali, filed a suit seeking declaration and injunction in respect of certain properties originally owned by his deceased father, ...

Supreme Court

Supreme Court Upholds Referral to Arbitration Despite Fraud Allegations in Development Agreement Dispute. Arbitration Clause Survives Challenge When Fraud Relates to Inducement Not Affecting Contractual Terms.

19 Aug 2020

The appeal arose from a civil suit filed by Deccan Paper Mills Co. Ltd. (appellant) against Regency Mahavir Properties and others (respondents) seekin...

High Court

Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

21 Jan 2019

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

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