Search Results for "collusive transfer"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "collusive transfer"

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Supreme Court

Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

9 Jul 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title.

6 Jul 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against th...

High Court

High Court of Karnataka Allows Partition Appeal by Son in Ancestral Property Dispute — Daughters' Claim for Partition Upheld as Coparcenary Property Includes Daughters Under Hindu Succession Act, 1956. The court affirmed that daughters are coparceners by birth and entitled to equal share in ancestral property, rejecting the brother's claim of adverse possession.

17 Dec 2019

The case involves a Regular First Appeal filed by the second defendant in a partition suit (O.S.No.13/2011) before the Senior Civil Judge, Bhalki. The...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal.

7 Sep 2018

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued ...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

High Court

Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

9 Jun 2017

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

High Court

Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Act Order for Police Aid — No Locus Standi for Borrower's Partner After Property Sold to Third Party. The Court held that once the secured asset is sold and possession handed over to the auction purchaser, the borrower or its partner has no right to challenge the Section 14 order, and the remedy lies before the DRT under Section 17 of the SARFAESI Act.

9 Oct 2015

The petitioners, M/s. National Laminate Corporation (a partnership firm) and its partner Mr. Jayantilal L. Nisar, filed a writ petition under Article ...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Allows Appeal in Ejectment Suit — Plaintiff Entitled to Vacant Possession as Licensee's Possession Becomes Unlawful After Transfer. The court held that the defendants, who were originally licensees of the previous owner, cannot deny the title of the plaintiff-transferee and must deliver possession.

13 Jul 2010

The appellant, Smt. Sarita Gopalkumar Chand, filed a suit for ejectment and vacant possession of suit plot No.253 in CRS III Scheme, NIT Middle Precin...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Specific Performance Suit — Appellants Failed to Show Sufficient Cause for Non-Appearance Despite Service of Summons.

30 Nov -0001

The case arises from a suit for specific performance of a contract filed by the respondent/plaintiff against the appellants/defendants. The trial cour...

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