Search Results for "mortgage enforcement"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "mortgage enforcement"

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High Court

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Land Granted Under Section 94 of Karnataka Land Revenue Act, 1964. Revenue Authorities Cannot Adjudicate Title or Validity of Grant in Mutation Proceedings; Mutation Entries Are Only for Fiscal Purposes.

14 Nov 2025

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

High Court

Bombay High Court Allows Appeals by Public Charitable Trust Against Municipal Corporation's Property Tax Assessment, Reduces Rateable Value and Orders Refund of Excess Tax. The court held that the transferor does not lose locus to prosecute the appeal and that the second proviso to Section 217(5) of the MMC Act does not bar refund of excess tax.

12 Nov 2024

The appellant, Nagari Niwara Parishad, a public charitable trust registered under the Bombay Public Trusts Act, 1950, constructed 6213 tenements on 62...

High Court

Bombay High Court Dismisses Revision Applications Challenging Rejection of Plaint Return in Suit for Specific Performance. Court holds that valuation of suit for purposes of jurisdiction is determined by the market value of the property, not the consideration amount, and that the trial court's finding on valuation is a finding of fact not liable to interference in revision.

23 Jan 2023

The judgment arises from two Civil Revision Applications challenging a common order dated 22.04.2022 passed by the learned Joint Civil Judge, Senior D...

Supreme Court

Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

3 Dec 2021

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Petitioner Lacks Locus Standi as Borrower's Leasehold Interest Not Affected. The court held that the petitioner, claiming to be the owner of the property leased to the borrower, had no locus standi to challenge the DRT order under Section 17 of the SARFAESI Act, 2002, as the lease was created after the mortgage and the petitioner was not a party to the proceedings.

28 Jan 2019

The petitioner, Sri Rameshchandra, claiming to be the owner of a property, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

High Court

High Court of Karnataka Allows Appeal in KSFC Recovery Case — Interest Rate Reduced from 16.5% to 10% per annum. Court held that the rate of interest awarded by the trial court was excessive and reduced it to 10% per annum from the date of petition till realization, exercising discretion under Section 34 of CPC read with Section 32(9) of the State Financial Corporations Act, 1951.

3 Mar 2017

The appeal was filed by the borrowers (M/s. Cozy Polystone (P) Ltd. and its directors) against the order dated 02.11.2012 passed by the XXXVII Additio...

High Court

Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

23 Nov 2016

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

Bombay High Court Dismisses Review Petition in Debt Recovery Case — No Error Apparent on Record. Review Petition under Order 47 Rule 1 CPC fails as petitioner failed to deposit amount as directed, and no grounds for review were made out.

5 Feb 2016

The petitioner, M/s MRB Roadconst. Pvt. Ltd., filed a Review Petition before the Bombay High Court seeking review of an order dated 10th June 2015 pas...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

30 Nov -0001

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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