Search Results for "prior mortgagee suit"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "prior mortgagee suit"

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

18 Mar 2005

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

High Court

Bombay High Court Dismisses Second Appeal Upholding Suit for Possession After Symbolical Delivery in Execution; Plea of Non-Maintainability and Limitation Cannot Be Raised First Time in Second Appeal. Cross-Objection Held Maintainable After Admission of Appeal.

16 Aug 2012

The litigation originated from a suit for possession, declaration, and damages regarding agricultural lands bearing Survey Nos. 1/2 and 54/3. The land...

High Court

Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

21 Dec 2015

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings on Limitation and Validity of Sale Deed. Suit for Possession Based on Prior Agreement to Sell Held Not Barred by Limitation as Cause of Action Arose from Notice of Eviction, Not Registration of Sale Deed.

11 Jul 2019

The case involves a property dispute where the original plaintiff (now represented by legal heirs) filed a suit for possession based on an agreement t...

High Court

High Court of Karnataka Hears Appeals Against Decree for Specific Performance in Suit Involving Subsequent Purchasers. The trial court had decreed specific performance of an agreement to sell agricultural lands, directing the original vendor and later purchasers to execute a joint sale deed.

11 Oct 2013

The appeal arises from a suit for specific performance of an agreement to sell agricultural lands. The first defendant, the owner, agreed to sell the ...

High Court

Bombay High Court Directs Mortgagee Bank to Fund Essential Supplies to Arrested Vessel Pending Judicial Sale — Priority of Supply Claims as Sheriff's Expenses. The court held that the mortgagee bank must bear the cost of preserving the arrested vessel and such expenses rank first in priority over all other claims.

11 Feb 2014

The Plaintiff, Coromandel International Limited, filed an Admiralty Suit against the vessel m.v. GLORY I and its owners, Andromeda Ship Holdings Ltd.,...

High Court

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

High Court

High Court of Bombay at Nagpur Allows Appeal in Loan Recovery Case — Suit for Recovery of Loan Secured by Registered Charge Governed by Article 62 of Limitation Act, 1963. The court held that a suit for recovery of loan secured by a registered charge on property is governed by Article 62 of the Limitation Act, 1963, which provides a 12-year limitation period from the date the money becomes due, and not by Article 19 or 37.

13 Feb 2006

The appellant, State Bank of India, filed a suit for recovery of Rs. 16,179.49 against the respondents, Ramkrishna and Himmatrao Sakharkar, based on a...

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