Search Results for "attachment before auction"

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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...
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Search Results for "attachment before auction"

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High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

9 Sep 2014

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

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

Bombay High Court Dismisses Appeal by Co-operative Society Challenging Auction Sale of Properties for Recovery of Dues Under Maharashtra Co-operative Societies Act, 1960. Sale Confirmed Despite Allegations of Non-Attachment and Improper Upset Price as No Prejudice Shown.

22 Dec 2005

The appellant, Shegaon Taluka Co-operative Agricultural Purchase and Sale Society Limited, filed a Letters Patent Appeal against the judgment of a Sin...

High Court

Bombay High Court Dismisses Petitions Challenging Auction Sale of Cooperative Bank's Property Under Maharashtra Cooperative Societies Act. Court Holds That Auction Purchaser Acquires Valid Title Even If Underlying Award Is Later Set Aside, as Sale Confirmation Is a Separate Proceeding Under Section 98 of the Act.

26 Mar 2018

The case concerns four writ petitions filed in the Bombay High Court relating to a plot of land bearing No.21, admeasuring 810 sq. meters, out of Surv...

High Court

Bombay High Court Sets Aside Municipal Corporation's Attachment and Auction of Property for Non-Compliance with Statutory Notice Requirements under Bombay Municipal Corporation Act, 1888. The court held that failure to serve notice under Section 206 of the BMC Act renders the entire recovery proceedings illegal and void.

8 Sep 2010

The original plaintiff, Champaklal Shah, filed a suit in 1986 seeking a declaration that the warrant of attachment dated 26th September 1983 and the s...

High Court

Bombay High Court Dismisses Bank and Sugar Factory's Petitions Challenging Auction of Cooperative Sugar Factory Assets. Held that the Bank as a secured creditor has a paramount charge over the property and the auction sale cannot be set aside after confirmation and payment.

30 Nov -0001

The case involves a dispute over the auction sale of assets of Doulat Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory, by the Kolh...

Supreme Court

Supreme Court of India Hears Appeals Against Bombay High Court Judgment Concerning Auction Sale Validity Under Maharashtra Co-operative Societies Act, 1960. Key Issue: Whether Violation of Rule 107(11)(h) of Maharashtra Co-operative Societies Rules, 1961 Renders Sale Void Despite Creditor's Waiver, to be Decided.

1 Jan 1970

The dispute arises from recovery proceedings initiated by Mahanagar Co-operative Bank against a partnership firm, M/s. Borse Brothers, for defaulting ...

High Court

Bombay High Court Quashes Stamp Duty Demand on Court-Monitored Auction Sale — Auction Price Constitutes True Market Value Under Maharashtra Stamp Act. The Court held that the Collector cannot reassess market value of property sold under Supreme Court-monitored auction, and stamp duty is payable on actual auction price under Rule 4(6) first proviso of the 1995 Rules.

23 Oct 2024

The petitioners, Trident Estate Private Limited and Ms. Sanjana Goenka, purchased a property in Ambey Valley City, Pune, through an e-auction conducte...

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