Search Results for "Conditional Sale"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Conditional Sale"

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High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Agreement of 1952 Construed as Mortgage, Limitation Period Under Article 34 of Limitation Act, 1963 Applies. The court held that the document dated 5-6-1952, though styled as a conveyance, was in fact a mortgage by conditional sale, and the suit for redemption was not barred by limitation as the mortgagee's possession did not become adverse.

20 Jan 2005

The appellants, unsuccessful plaintiffs in a suit for redemption of mortgage, filed a Second Appeal against the judgment of the first appellate court ...

Supreme Court

Supreme Court Hears Appeal Against High Court's Dismissal of LPA in Land Possession Suit Involving Co-operative Society Charge – Re-conveyance Dispute. Civil appeal arises from High Court's affirmation of Single Judge's setting aside of trial court's decree of possession based on interpretation of Sections 47 and 48 of the Maharashtra Co-operative Societies Act, 1960, and the effect of subsequent release of society's charge.

26 Jul 2026

The dispute pertained to agricultural land in Maharashtra that was ancestral property of the original plaintiff. The plaintiff had obtained a loan fro...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

6 Jan 2020

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

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...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Accrued Development Liability. Deduction for Estimated Future Development Expenses Allowed Under Section 10(1) of Indian Income-tax Act, 1922, as Liability Was Accrued, Not Contingent.

12 May 1959

The dispute concerned the income tax assessment of a land-developing company that followed the mercantile method of accounting. The appellant, Messrs....

High Court

Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

16 Apr 2024

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

Supreme Court

Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

1 Jan 1970

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

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 Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

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