Search Results for "foreclosure suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "foreclosure suit"

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High Court

High Court of Karnataka Allows Writ Petition to Restore Suit Dismissed for Default, Setting Aside Order That Rejected Restoration on Ground of Arbitration Agreement. Court holds that dismissal for default does not bar restoration and that the trial court must decide the application under Section 8 of the Arbitration and Conciliation Act, 1996 on merits.

25 Sep 2025

The petitioner, K. M. Dastagir Sab, filed a suit (O.S.No.1280/2020) before the II Additional Senior Civil Judge, Bengaluru Rural District, seeking rel...

Supreme Court

Supreme Court Restores Second Appeals in Specific Performance Cases, Emphasizes Liberal Approach to Condonation of Delay and Setting Aside Abatement to Advance Substantial Justice. The Court set aside the High Court's dismissal of substitution and condonation applications, restoring the appeals for hearing on merits.

3 Mar 2025

The Supreme Court of India heard two civil appeals arising from second appeals pending before the Allahabad High Court since 1977. The underlying disp...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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...

Supreme Court

Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Time-Barred Claims and Legal Misconduct — Award Set Aside by Lower Courts Restored. The Court held that the arbitrator had jurisdiction to decide limitation and contractual issues, and the award was not vitiated by legal misconduct under the Indian Arbitration Act, 1940.

22 Aug 2023

The case involves a dispute arising from a road construction contract awarded in 1983 by the Government of Maharashtra Irrigation Department to M/s S....

Supreme Court

Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

17 Aug 2023

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

High Court

Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

13 Oct 2022

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period.

12 Sep 2019

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (app...

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 Revision Application in Suit for Declaration and Injunction — City Civil Court Has Jurisdiction Over Sublease Agreement Dispute. Part of Cause of Action Arose in Mumbai Where Agreement Was Executed and Defendant's Office Located.

1 Mar 2013

The applicant, Diamond & Gem Development Corporation Limited, was the original defendant No.1 in Short Cause Suit No.818 of 2011 filed by respondent N...

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