Search Results for "Sale Pending Suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Sale Pending Suit"

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High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958. Petitioner's applications for refund were within limitation period and refusal by authorities was arbitrary.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Refund of Stamp Duty for Unconsummated Transactions Under Section 49 of Maharashtra Stamp Act, 1958 — Petitioner Entitled to Refund Despite Delay in Application. The court held that the limitation period under Section 49 should be liberally construed to avoid unjust enrichment, and that the petitioner's delay in applying for refund was condonable as the transactions never materialized.

21 Sep 2023

The petitioner, Vilas Eknath Nandgude, filed six writ petitions challenging orders dated 31 December 2019 passed by the Deputy Inspector General of Re...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

High Court of Bombay at Goa Dismisses Borrower's Writ Petition Challenging Award and Sale of Mortgaged Property under Multi-State Cooperative Societies Act, 1984; Bank's Recovery Proceedings and Second Sale Upheld. The Court ruled that the petitioner, as a nominal member of the bank, was bound by the loan documents and statutory provisions, and his delayed allegations of fraud and membership were insufficient to set aside the finalized award and sales.

21 Mar 2017

The petitioner, a businessman, obtained a loan of Rs.96,00,000/- from the Goa State Co-operative Bank Ltd. on 17.8.1995 for construction purposes. The...

High Court

High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

17 Oct 2025

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

High Court

Bombay High Court Allows Possession Warrant in Execution Proceedings Despite Pending Appeal — Execution Court Cannot Reopen Decree on Merits Under Order 21 Rule 97 CPC. The court held that the execution court must execute the decree as it stands and cannot go behind it, and that objections regarding fraud or tenancy rights are not maintainable in execution proceedings under Order 21 Rule 97 of the Code of Civil Procedure, 1908.

4 Mar 2019

The petitioner, Abdul Shahid Patel, purchased immovable property by registered sale deed dated 08.11.1995. The respondent, Smt. Rameshwaridevi Sharma,...

High Court

Bombay High Court Dismisses Petition for Stay of Suit Under Section 10 CPC — No Identity of Subject Matter Between Two Suits. The court held that a suit for dissolution of partnership and accounts is not directly and substantially the same as a suit for induction as a partner and injunction, and therefore Section 10 CPC does not apply.

23 Dec 2005

The petitioners, M/s. Sadguru Constructions and another, filed a writ petition challenging an order dated 6.10.2005 passed by the 8th Joint Civil Judg...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court Decree for Sale Agreement. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Prior Agreement; Court Relies on Section 53A of Transfer of Property Act, 1882 and Part Performance Doctrine.

10 Dec 2015

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, Aurangabad, in ...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

26 Oct 2021

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

10 Sep 2015

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...

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