Search Results for "Transfer of Property Act"

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Search Results for "Transfer of Property Act"

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High Court

Bombay High Court Allows Landlord's Petition in Rent Recovery and Possession Suit — Lease Agreement Not Required to be Registered Under Section 107 of Transfer of Property Act, 1882 for 11-Month Tenancy. Appellate Court Erred in Reversing Decree on Ground of Non-Registration as Lease for Less Than One Year Can Be Created by Oral Agreement.

3 Dec 2019

The petitioner, Anwar Noormohammed Pirani, filed a suit for possession and recovery of rent against the respondent, Santosh Gajanan Naskulwar, in resp...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Mortgage by Conditional Sale Held to Be a Mortgage, Not Sale, and Right to Redeem Subsists Despite Non-Payment of Rent. The court restored the trial court's decree for redemption and possession, rejecting the appellant's claim of tenancy under the Bombay Rent Act.

27 Jun 2018

The case involves a second appeal arising from a suit for redemption of mortgage and possession filed by the original respondent (Shankar Krishna Bhag...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

7 Mar 2017

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882.

3 Feb 2012

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram ...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

8 Jul 2011

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

High Court

Bombay High Court Allows Second Appeal in Property Suit Based on Adverse Possession and Invalid Gift Deed. Court holds that a gift deed executed by a husband in favor of his second wife without the consent of the first wife is invalid and that the first wife's possession becomes adverse to the husband after divorce.

6 Jul 2011

The original plaintiff, Shantabai, was the wife of defendant Jagdeo. She could not bear any child and her husband constantly tortured her for divorce ...

High Court

Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

15 Jun 2011

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Lease Dispute — Lease Deemed Determined by Efflux of Time Under Section 111(a) of Transfer of Property Act, 1882. The lease was for a fixed term of three years and expired on 31st January 1971; the lessee's continued possession did not create a new lease.

29 Apr 2005

The case involves a civil revision application filed by Hindustan Petroleum Corporation Ltd. (original defendants) against K. Raheja Reality Pvt. Ltd....

High Court

Bombay High Court Allows Second Appeal in Mortgage Tenancy Dispute — Tenancy Revived Upon Mortgage Redemption. The substantial question of law was whether the defendant's tenancy is revived once the mortgage is redeemed under the Transfer of Property Act, 1882.

28 Apr 2005

The case involves a second appeal by the original plaintiff, Tukaram Govind Patil (since deceased, represented by his heirs), against the original def...

High Court

Bombay High Court Allows Chamber Summons to Raise Attachment Under Order 21 Rule 54 CPC — Bona Fide Purchaser for Value Without Notice of Decree Protected. The court held that an attachment order served after the purchaser had paid full consideration and obtained possession is not binding on the purchaser.

6 Apr 2005

The present chamber summons was taken out by the applicant, Rajneesh Agarwal & Associates P. Ltd, seeking to raise an attachment under Order 21 Rule 5...

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