Search Results for "Re-conveyance clause"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
Bombay High Court Dismisses Petitioner's Challenge to Arbitral Award in Commerci...
Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Re-conveyance clause"

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Supreme Court

Supreme Court Dismisses Developer's Appeal in Slum Rehabilitation Project Due to Unconscionable Delay. The Court upheld the termination of the development agreement under Section 13 of the Maharashtra Slum Areas Act, 1971, emphasizing that the right to shelter under Article 21 cannot be held hostage by a developer's inaction.

30 Jul 2024

The present appeal arises from a dispute concerning a slum rehabilitation project in Borivali, Mumbai, under the Maharashtra Slum Areas (Improvement, ...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale. Agreement to Reconvey on Repayment of Loan Within Ten Years Constituted Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

29 Nov 2023

The plaintiffs (respondents) filed a suit for redemption and possession of agricultural lands, claiming that the transaction dated 03.11.1973 was a mo...

High Court

Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Suit for Recovery of Investment Amount Under Order XXXVII CPC — Defendants Failed to Disclose Triable Issues or Obtain Leave to Defend. The court held that the guarantors are jointly and severally liable for the defaulted investment amount with contractual interest under the investment agreement and guarantee.

29 Aug 2023

The plaintiff, India Realty Excellence Fund II LLP, a limited liability partnership registered as a Category-II Alternative Investment Fund under SEBI...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

29 Apr 2021

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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 Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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 ...

High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit — Defendant No. 7 Permitted to Amend Pleadings to Include Additional Grounds of Defence. Amendment Sought to Add Facts Regarding Execution of Agreement and Payment of Consideration, Held Not to Cause Prejudice to Plaintiff as Trial Not Yet Commenced.

30 Nov -0001

The present interim application was filed by defendant no.7, Ganesh Lakhaji Chudasama, seeking amendment of his written statement in a commercial suit...

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