Search Results for "equitable mortgage"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "equitable mortgage"

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High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

24 Sep 2013

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

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 Petition Challenging Proclamation of Sale Under Maharashtra Co-operative Societies Act — Revision Not Maintainable Against Proclamation of Sale. Court holds that a proclamation of sale under Section 156 read with Section 101 and Rule 107 is a step in execution and not a decision or order under the Act, and petitioners have alternative remedy of suit.

12 Dec 2012

The petitioners, claiming to be owners of Flat No.4/99 in Prashanti Mangaldham Co-operative Housing Society Ltd., challenged a proclamation of sale is...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Remand for Determination of Compensable Loss and Set-off. Agreement for Sale Breach by Vendor — High Court's Remand Order Upheld with Modification to Include Set-off of Earnest Money Against Compensation.

1 Jan 2025

The present appeal arises from a judgment of the High Court of Kerala at Ernakulam in RFA No.563 of 2014, which reversed the trial court's decree of s...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

Madras High Court Allows TIIC's Recovery Petition Under SFC Act for Outstanding Loan of Over Rs. 1842 Crores. Court holds that the State Financial Corporation Act, 1951 is a complete code for recovery of dues and that the limitation period under Article 137 of the Limitation Act, 1963 applies to applications under Section 31 of the SFC Act, but the petition is within limitation as the cause of action is continuing.

22 Jan 2025

The Tamil Nadu Industrial Investment Corporation Limited (TIIC) filed an Original Petition under Section 31 and 31(1)(i)(aa) of the State Financial Co...

High Court

Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

21 Dec 2015

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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