Search Results for "conditional sale deed"

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Search Results for "conditional sale deed"

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Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

Gujarat High Court Allows Appeal in Property Dispute Over Cancellation of Sale Deed — Finds Trial Court Erred in Dismissing Suit Without Considering Plaintiff's Share in Ancestral Property. Sale Deed Executed Without Plaintiff's Consent and Without Notice Under Section 135(d) of Gujarat Land Revenue Code is Voidable.

11 Mar 2026

The appellant, Rukhiben Devaji Rajaji Thakor, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and...

Supreme Court

Supreme Court Allows Appeal in Land Title Dispute Against Government — Holds That Government Cannot Unilaterally Resume Land Without Following Due Process and Payment of Compensation. Court Restores Trial Court Decree Declaring Appellants' Title Based on Valid Sale Deed and Pattadar Passbook, Setting Aside High Court's Reversal.

24 Mar 2025

The case involves a dispute over 3.34 acres of land in Kurnool District, Andhra Pradesh. The appellants claimed title through a chain of transactions ...

Supreme Court

Supreme Court Partially Allows Specific Performance of Sale Agreement Despite Prior Oral Agreement - Vendor's Breach and Bona Fide Purchaser Protection. The court upheld the concurrent findings that the subsequent vendee is entitled to specific performance only of the portion not covered by a prior registered sale deed in favour of a bona fide purchaser without notice under the Specific Relief Act, 1963.

18 Sep 2020

The case involves a dispute over the specific performance of an agreement for sale of land. The Vendor, B. Santoshamma, purchased 300 sq. yards of lan...

Supreme Court

Supreme Court Dismisses Borrowers' Appeal in SARFAESI Act Case — Sale of Secured Asset Complete Upon Issuance of Sale Certificate, Registration Not Essential. Right of Redemption Under Transfer of Property Act Extinguished Upon Sale Under Section 13(4) of SARFAESI Act, and Tender of Dues After Sale Date Invalid Under Section 13(8).

20 Aug 2019

The case involves an appeal by borrowers, Shakeena and another, against the Bank of India and others, challenging the sale of their mortgaged property...

High Court

High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957.

5 Aug 2019

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challen...

High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Transaction Held as Mortgage by Conditional Sale Despite Absence of Debtor-Creditor Relationship. Court applies Section 58(c) of Transfer of Property Act, 1882 to construe document as mortgage where right to repurchase is granted and consideration is inadequate.

10 Mar 2014

The appellant, Shankar Thorat, was the defendant in a suit for redemption of mortgage filed by the respondent, Haribhau Wakchoure (since deceased, rep...

High Court

Bombay High Court Allows Writ Petition Quashing Stamp Duty Order in Seawoods Project Development Agreement — Lease Deed Not Liable to Stamp Duty as Conveyance Under Bombay Stamp Act, 1958. The court held that a development agreement-cum-lease deed executed by CIDCO for a 60-year term is a lease, not a conveyance, and is chargeable under Article 36 of Schedule I of the Bombay Stamp Act, 1958.

28 Sep 2012

The petitioners, Larsen and Toubro Ltd and its subsidiary, challenged an order dated 16 July 2011 passed by the Chief Controlling Revenue Authority (r...

High Court

Bombay High Court Allows Second Appeal in Mortgage by Conditional Sale Case — Transaction Held as Mortgage, Not Sale, Due to Absence of Possession Transfer and Presence of Debtor-Creditor Relationship. The court reversed the appellate decree and restored the trial court's finding that the deed was a mortgage under Section 58(c) of the Transfer of Property Act, 1882, as the plaintiff remained in possession and the consideration was inadequate.

15 Feb 2011

The case involves a dispute over a house property in Ratna Pimpri village, Jalgaon district. The original plaintiff, Vitthal Maharu Patil (since decea...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Sale Deed Challenged as Void for Non-Compliance with Section 7 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, but Court Found No Substantial Question of Law.

30 Nov -0001

The case involves a second appeal filed by Navinchand Khushalchand Mutha against the judgment and decree of the lower appellate court in a suit for de...

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