Search Results for "Mathew Varghese"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Mathew Varghese"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

1 Jul 2025

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

Bombay High Court Allows Second Appeal in Property Partition Suit — Reverses Concurrent Findings of Courts Below. Dispute over ancestral property and limitation period under Article 65 of Limitation Act, 1963 — Held that the suit for partition was not barred by limitation as the appellant's possession was not adverse.

8 Sep 2025

The present second appeal arises from a suit for partition and separate possession filed by the appellants, Mahadeo Sitaram Navale and Chaturabai Maha...

High Court

High Court of Judicature at Bombay, Nagpur Bench heard a first appeal and writ petition concerning compensation for coal-bearing land and restoration of tribal land under Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The dispute centered on whether the Special Tribunal under Coal Bearing Areas Act could decide tribal status and restoration title, and whether the land remained agricultural after vesting under Section 9 of the Coal Bearing Areas Act.

18 Jul 2023

The High Court of Judicature at Bombay, Nagpur Bench, Nagpur heard together a first appeal and a writ petition arising from a dispute over compensatio...

High Court

High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

4 Sep 2025

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order in SARFAESI Matter — No Interference with Possession Notice as Debtor Failed to Discharge Liability. Court Held That Writ Jurisdiction Under Article 226 Cannot Be Used to Circumvent Statutory Remedy Under Section 17 of SARFAESI Act, 2002.

3 Feb 2025

The petitioners, Sri S.V. Ramaswamy, Mrs. Usha Ramaswamy, and R.K. Associates (a partnership firm), filed a writ petition under Article 226 of the Con...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

High Court

Bombay High Court Dismisses Writ Petitions Challenging DRT Orders Under SARFAESI Act — Petitioner Failed to Show Jurisdictional Error or Violation of Natural Justice. The court held that the petitioner had an alternative remedy of appeal under Section 18 of the SARFAESI Act, 2002, and no exceptional grounds were made out for interference under Article 226.

30 Nov -0001

The petitioner, Phoenix ARC Private Limited, a company registered under the Companies Act, 1956, acting as a trust, filed two writ petitions under Art...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Possession of Auctioned Property — Bank Not Obligated to Deliver Vacant Possession Under SARFAESI Act. SARFAESI Act, 2002 Section 13(4) and Section 17 — Auction Sale Confirmed in Favor of Petitioner, but Bank Delivered Only Symbolic Possession; Petitioner's Remedy Lies Before DRT Under Section 17.

16 Dec 2025

The petitioner, Mr. Suresh Kumar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

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