Search Results for "mortgaged properties"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
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Search Results for "mortgaged properties"

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High Court

Madras High Court Allows Appeal by Financial Corporation in Guarantor Liability Case — Equitable Mortgage by Deposit of Title Deeds Valid Under Section 58(f) of Transfer of Property Act, 1882. Guarantor's Liability Under Section 31(aa) of State Financial Corporation Act, 1951 Upheld Despite Absence of Registered Mortgage Deed.

2 Apr 2026

The appellant, Tamil Nadu Industrial Investment Corporation Limited, a public financial institution, filed an appeal under Order XXXVI Rule 1 of O.S. ...

Supreme Court

Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

25 Sep 1969

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

High Court

Bombay High Court Dismisses Petition Challenging Attachment Order Under Maharashtra Cooperative Societies Act — Creditor Can Execute Recovery Certificate Against Any Available Property Despite Prior SARFAESI Proceedings. The court held that there is no legal bar to a creditor simultaneously proceeding under the SARFAESI Act and executing a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 against other properties of the debtor.

25 Mar 2019

The petitioners, M/s Anjali Tours & Travels and Others, filed a writ petition before the Bombay High Court challenging an attachment order issued by t...

High Court

High Court of Karnataka Quashes Auction Notice in KSFC Recovery Proceedings — Petitioner's Property Not Mortgaged to KSFC. The court held that the Karnataka State Financial Corporation cannot auction property that was not mortgaged to it, and the petitioner's father's debt cannot be enforced against the petitioner's separate property.

18 Nov 2013

The petitioner, Smt. Shruti Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quas...

High Court

Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

1 Dec 2016

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

High Court

High Court of Karnataka Dismisses Bank's Writ Petition Seeking Deposit of Land Acquisition Compensation to Loan Account. Mortgagee Bank Not Entitled to Compensation Under Section 31 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

16 Mar 2023

The petitioner, M/s D C B Bank Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...

Supreme Court

Supreme Court Allows Appeal of Auction Purchaser in SARFAESI Act Case — High Court Erred in Entertaining Writ Petition Despite Alternative Remedy. Restoration of Securitization Application After Full Payment and Sale Certificate Issuance Held Improper.

10 Apr 2024

The appeal arises from an order of the Division Bench of the High Court for the State of Telangana at Hyderabad, which set aside the DRT's order dismi...

High Court

Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

17 Dec 2020

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

Supreme Court

Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

10 Feb 2022

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

High Court

Bombay High Court Dismisses Appeals Against Sale of Mortgaged Property in Arbitration Proceedings — Status Quo Not Maintainable as Sale Was Already Concluded. Court Held That Once a Sale Is Concluded, No Injunction Can Be Granted to Restrain Execution of Conveyance Deed Under Section 9 of the Arbitration and Conciliation Act, 1996.

9 Aug 2016

The case involves two appeals filed by Ramsarup Industries Limited and others against Tata Capital Financial Services Limited. The dispute arose from ...

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