Search Results for "Bonafide purchaser"

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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...
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Search Results for "Bonafide purchaser"

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High Court

High Court of Karnataka Considers Appeal Against Decree Declaring Sale Deed and Gift Deed Void in Property Dispute Involving KHB Lease-Cum-Sale Allotment. Court Examines Whether Subsequent Absolute Sale Deed by Housing Board Enures to Benefit of Transferee Under Section 43 of Transfer of Property Act, 1882.

17 Mar 2015

The litigation arose out of a dispute over a residential property allotted on lease-cum-sale basis by the Karnataka Housing Board (KHB) to S. Ranoji R...

High Court

Madras High Court Quashes Tax Demand Against Auction Purchaser in TNVAT Recovery Case — Priority of Crown Debt Over Mortgagee's Right. The court held that a bona fide auction purchaser who buys property through a mortgagee's sale under Section 69 of the Transfer of Property Act, 1882 takes the property free of all encumbrances, including subsequent tax demands under Section 24 of the Tamil Nadu Value Added Tax Act, 2006.

21 Jan 2025

The petitioner, D.K. Sadasivam, was the successful purchaser of a property (S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharm...

High Court

Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

9 Jun 2017

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid.

20 May 2021

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.A...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

Supreme Court

Supreme Court Upholds Specific Performance Decree in Land Sale Dispute — Plaintiff's Readiness and Williness Established Despite Delay in Deposit of Balance Consideration. The court affirmed that the defendant's failure to produce title documents and the plaintiff's deposit of balance consideration within extended time demonstrated the plaintiff's readiness and willingness under the Specific Relief Act, 1963.

9 May 2019

The appellant, Beemaneni Maha Lakshmi, purchased suit property admeasuring 17 acres 39 cents by a registered sale deed dated 6.10.1971. The land was s...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Impleadment in Testamentary Suit — Appellants Fail to Establish Caveatable Interest. The Court held that mere purchasers of property from a legatee under a Will, prior to grant of probate, cannot claim a caveatable interest in the probate proceedings as they are neither heirs nor legal representatives of the deceased.

11 Sep 2015

The appeal arises from a judgment and order dated 10th June 2013 passed by a learned Single Judge of the Bombay High Court, dismissing Chamber Summons...

Supreme Court

Supreme Court Upholds Trial Court's Decision in Property Sale Dispute, Reversing High Court's Second Appeal - Validates Sale Deed Executed Under Power of Attorney and Awards Rendition of Accounts Against Agent. Registered Power of Attorney Cannot Be Cancelled Orally Under Registration Act, 1908, and Bona Fide Purchaser Protected Despite Agent's Breach of Internal Agreement.

28 Jan 2022

The dispute originated from a suit filed by the plaintiff, a junior engineer, regarding property he owned. He entered into an oral agreement to sell t...

Supreme Court

Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

1 Jan 1970

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

High Court

Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

7 Jan 2025

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...

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