Search Results for "Bonafide purchaser"

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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...
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Search Results for "Bonafide purchaser"

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High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Legal Necessity Issue. Failure to Frame Issue on Legal Necessity Does Not Vitiate Trial When Parties Had Opportunity to Lead Evidence.

6 Nov 2023

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment of the First Appellate Court which confirmed the trial cou...

Supreme Court

Supreme Court Affirms Setting Aside of Auction Sale for Non-Compliance with Mandatory Notice Under SARFAESI Act — Orders Refund with 12% Compound Interest. The Bank's failure to issue mandatory 30-day notice under Rules 8(6) and 8(7) of Security Interest (Enforcement) Rules, 2002 rendered the auction void, and the auction purchaser's status reverted to tenant.

18 Apr 2024

The appellants, Govind Kumar Sharma and another, were tenants in a property that was auctioned by the Bank of Baroda under the Securitisation and Reco...

High Court

Bombay High Court Dismisses Petition Challenging Forfeiture of Bank Guarantees in Tender Dispute. Earnest Money Deposit Forfeited as Bidder's Unilateral Discount Offer After Bid Opening Violated Tender Terms.

23 Dec 2010

The petitioner, Knowledge Infrastructure Systems Pvt. Ltd., a company engaged in coal trading, along with its shareholder, filed a writ petition under...

Supreme Court

Supreme Court Allows Refund of Stamp Duty Paid on Un-Executed Conveyance Deed Due to Vendor Fraud. Limitation Period for Application Under Section 48 of Maharashtra Stamp Act, 1958 Runs from Date of Instrument, Not from Date of Cancellation Deed.

17 May 2024

The appellant, a bona fide purchaser, agreed to buy property from Mohammed Hanif Ahmed Fitwala and prepared a conveyance deed. On 7 May 2014, the deed...

High Court

High Court of Karnataka Quashes Sub-Registrar's Endorsement Rejecting Sale Certificate as Time-Barred Under Section 89 of Registration Act, 1908. Petitioner Purchased Property in SARFAESI Auction, Bank Forwarded Certificate Late but Court Held No Limitation for Registration Under Section 89(4).

26 Jun 2013

The petitioner, M/s. MGM Pooja Buildtech Private Limited, purchased a property (Plot No.108, Metagali, K.R.S. Road, Mysore, measuring 4,056 sq. meters...

High Court

Bombay High Court Allows Petition of Bank in Income Tax Act Section 281 Challenge — Transfer of Property Not Void as Revenue Failed to Prove Fraudulent Intent. The court held that under Section 281 of the Income Tax Act, 1961, the burden is on the Revenue to prove that the transfer was made with the intention to defeat or delay tax recovery, and mere pendency of assessment does not suffice.

29 Aug 2005

The petitioner, Bank of Nova Scotia, a Canadian banking corporation, filed a writ petition challenging an order dated December 24, 1991, passed by the...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

High Court

Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

24 Dec 2013

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

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 Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

19 Jan 2017

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...

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