Search Results for "Mortgagee"

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Search Results for "Mortgagee"

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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

High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation of Land Granted Under Ashraya Scheme — Co-operative Bank's Mortgage Rights Protected. The Court held that the condition prohibiting alienation for 25 years under the Karnataka Land Grant Rules, 1969 does not bar creation of a mortgage in favour of a co-operative bank for obtaining a housing loan.

5 Nov 2024

The petitioner, South Canara District Central Co-operative Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC.

9 Jan 2020

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute: Tenant Cannot Challenge Landlord's Title When Mortgagee Does Not Appeal. The Court restored the trial court decree holding that the plaintiff had become full owner of the property after redemption of mortgage, and the tenants' appeal challenging ownership was not maintainable.

12 Sep 2019

The case involves a long-standing property dispute over a three-storeyed building in Almora, Uttarakhand, dating back to 1872. The property was origin...

High Court

Bombay High Court Allows Petition Against Deficit Stamp Duty Demand Under Bombay Stamp Act, 1948 — Conveyance Deed Not Chargeable Under Section 25 as Mortgage Deed. The court held that a deed of conveyance mentioning an existing mortgage does not become a mortgage deed under Section 25 of the Bombay Stamp Act, 1948.

25 Sep 2014

The petitioner, Universal Ferro & Allied Chemicals Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles...

High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

14 Oct 2013

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Agreement of 1952 Construed as Mortgage, Limitation Period Under Article 34 of Limitation Act, 1963 Applies. The court held that the document dated 5-6-1952, though styled as a conveyance, was in fact a mortgage by conditional sale, and the suit for redemption was not barred by limitation as the mortgagee's possession did not become adverse.

20 Jan 2005

The appellants, unsuccessful plaintiffs in a suit for redemption of mortgage, filed a Second Appeal against the judgment of the first appellate court ...

High Court

Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

17 Nov 2004

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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