Search Results for "Conveyance"

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Search Results for "Conveyance"

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Supreme Court

Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

23 Jul 2019

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

16 Jul 2019

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

Supreme Court

Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

2 Jul 2019

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

Supreme Court

Supreme Court Allows Appeals Against Rejection of Plaint Under Order 7 Rule 11 CPC in Mortgage Dispute Between Flat Purchasers and Bank. The court held that a civil suit seeking declaration that a mortgage is not valid and for specific performance of an agreement to purchase flats is not barred under Section 34 of the SARFAESI Act, as the reliefs are outside the jurisdiction of the DRT.

1 Jul 2019

The Supreme Court considered appeals against a common judgment of the Bombay High Court which had allowed notices of motion filed by Axis Bank Ltd. (r...

Supreme Court

Supreme Court Quashes Cognizance in Bihar Excise Case — Private Vehicle Not a Public Place Under Section 53(a) of Bihar Excise (Amendment) Act, 2016. Consumption of liquor in a private vehicle does not constitute an offence under Section 53(a) as the vehicle is not a 'public place' under the Act.

10 May 2019

The appellants, all Rotarians, were travelling from Giridih, Jharkhand to Patna, Bihar in a private vehicle to attend a Rotary Club meeting on 25.06.2...

Supreme Court

Supreme Court Dismisses Transmission Company's Appeal on FERV Apportionment - No Substantial Question of Law. The Court held that Foreign Exchange Rate Variation (FERV) need not be apportioned between debt and equity under the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2001, as no legal provision mandates such apportionment.

9 May 2019

The Supreme Court dismissed two civil appeals concerning the apportionment of Foreign Exchange Rate Variation (FERV) in tariff determination for trans...

Supreme Court

Supreme Court Allows Additional Evidence in Consumer Dispute Over Occupancy Certificate and Conveyance Deed. The Court held that documents coming into existence after the appeal must be considered under Order XLI Rule 27 CPC if relevant and not producible earlier despite due diligence.

6 May 2019

The present civil appeal arose from a consumer dispute between the appellants (developers) and the respondent (cooperative housing society). The appel...

Supreme Court

Supreme Court Allows DDA Appeal in Lease Transfer Case — Demerger of Public Limited Company Attracts 50% Unearned Increase. Transfer of leasehold plot by original lessee to another public limited company pursuant to a scheme of arrangement and demerger under the Companies Act, 1956, constitutes a transfer under Clause 6(a) of the Lease Deed, making the lessee liable to pay 50% unearned increase.

24 Apr 2019

The Supreme Court allowed the appeal filed by the Delhi Development Authority (DDA) against the judgment of the Delhi High Court, which had quashed th...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

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