Search Results for "encumbrance"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "encumbrance"

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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

Madras High Court Allows Writ Petition Challenging Refusal to Register Relinquishment Deed Due to Name Discrepancy. Court Directs Registration Subject to Compliance with Rule 55A of Tamil Nadu Registration Rules, 2000 and Production of Identity Certificate.

20 Jan 2025

The petitioner, Mohammed Assan, and his brother K.Mubarak @ Abdul Mubarak jointly purchased landed property in Tenkasi Village through a registered sa...

High Court

Madras High Court Allows Writ Petition Challenging Refusal to Register Settlement Deed Due to Non-Application of Mind by Sub-Registrar. Sub-Registrar's Refusal Based on Missing Original Sale Deed and Non-Mutation of Revenue Records Held Invalid Under Section 35 of Registration Act, 1908.

20 Jan 2025

The petitioner, Sorkathkani, and her husband purchased a property measuring 2.5 cents in Shenkottai Town through a registered sale deed dated 2003 (Do...

High Court

Bombay High Court Allows Amendment of Plaint to Implead New Developer in Redevelopment Dispute — Plaintiff's Rights Under Debenture Trust Deed Require Complete Adjudication. The court held that the proposed amendment was necessary for complete and effectual adjudication and did not change the nature of the suit or introduce a new cause of action.

3 Sep 2024

The plaintiff, Edelweiss Asset Reconstruction Company Limited, filed a commercial suit against Meeti Developers Private Limited (defendant No.1) and o...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

Supreme Court

Supreme Court Dismisses Revenue's Appeal in Income Tax Act Case Upholding Revisional Jurisdiction. Commissioner Validly Set Aside Assessment Order as Payment to Shareholders Was Not 'Cost of Improvement' Under Capital Gains Computation Under Sections 48 and 263 of Income Tax Act, 1961.

6 Apr 2023

The dispute arose from an income tax assessment concerning the sale of a property named 'Paville House' by the respondent assessee, a company engaged ...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

High Court

Bombay High Court Allows Cooperative Housing Society's Petition Against Income Tax Department's Forcible Possession — Society Members Held to be Purchasers for Value Without Notice Under Section 269UE of Income Tax Act, 1961. The court quashed the order dated 21.10.1994 under Section 269UD and the communication dated 2.8.2017 threatening forcible possession, holding that the society members were bona fide purchasers for value without notice.

23 Jul 2019

The petitioner, New White Rose CHS Ltd, a Cooperative Housing Society, filed a writ petition challenging an order dated 21.10.1994 passed by the Appro...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement for Sale Not Concluded Due to Non-Payment of Balance Consideration and Failure to Clear Encumbrances. Court sets aside decree for specific performance and directs refund of earnest money with interest under Section 20 of Specific Relief Act, 1963.

18 Aug 2010

The appellant, Smt. Rosalie Roy, was the owner of a flat in Pune which she agreed to sell to the respondents, Balasaheb Bapurao Tupe and another, for ...

High Court

Bombay High Court Dismisses Second Appeal in Evacuee Property Dispute — Custodian's Order Confirmed as Property Vested in Union of India. The court held that the property was evacuee property under the Administration of Evacuee Property Act, 1950, and the civil court had no jurisdiction to entertain the suit.

30 Nov -0001

The case involves a dispute over property in Pune, which was declared evacuee property under the Administration of Evacuee Property Act, 1950. The app...

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