Search Results for "Delay Condone"

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Bombay High Court Allows Refund of Stamp Duty Despite Delay in Filing Application Under Section 48(1) of Maharashtra Stamp Act. Limitation Bars Remedy Not Right, State Cannot Retain Double Stamp Duty on Same Transaction.

The petitioner, Nanji Dana Patel, entered into a development agreement with Keshav Krishanlal Syngal on 3 March 2014, paying stamp duty of Rs.78,65,00...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Execution Application for Arbitral Award on Limitation Grounds. Execution of Arbitral Award is Governed by Article 137 of Limitation Act, 1963, Not Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahindra & Mahindra Financial Services Ltd., had granted a loan of Rs.3,95,000 to respondent No.1 for purchasing a tractor, with respo...

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Bombay High Court Allows Appeal in Railway Accident Claim — Dependency and Notional Income Determined Under Section 124A of Railways Act, 1989. The court set aside the Tribunal's dismissal and awarded Rs. 3,60,000 compensation to the family of the deceased labourer who died in a train accident.

The case involves a first appeal filed by the appellants, who are the widow, children, and parents of the deceased Manoj Pawar, against the dismissal ...