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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Supreme Court Allows Appeal in Motor Accident Compensation Case — Future Prospects Awardable in Permanent Disablement Cases. Loss of earning capacity must consider functional disability and actual income, not merely physical disability percentage.

The appellant, Pappu Deo Yadav, was a 20-year-old data entry operator earning ₹12,000 per month when he suffered a serious motor accident on 18.05.2...

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Supreme Court Dismisses Appeal in Execution of Foreign Decree Case, Holding Limitation Period of 12 Years Runs from Date of Foreign Decree. Bank of Baroda's Execution Petition Filed 14 Years After London Decree Held Time-Barred Under Article 136 of Limitation Act, 1963.

The case involves a dispute between Bank of Baroda (appellant) and Kotak Mahindra Bank Ltd. (respondent, successor of Vysya Bank) regarding the limita...

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Supreme Court Allows Appeal in Adverse Possession Dispute Over 70-Year-Old Land Title Conflict. The Court held that the appellant had perfected title by adverse possession despite not being the true owner, based on continuous possession from 1963 to 1981 as shown in revenue records.

The dispute originated from a 1942 purchase of suit properties by Krishnamurthy S. Setlur (KS) through his general power of attorney, H.R. Narayana Iy...

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Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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Supreme Court Dismisses Appeal in Mortgage Redemption Case — Mortgage Extinguished by Act of Parties Under Section 60 TP Act. The right to redeem was extinguished when the mortgagee assignee received the mortgage amount and delivered possession to the decree-holder, even without formal endorsement.

The appellants, Smt. Gowramma and another, were the original plaintiffs who had mortgaged their land in 1980 to Bangarasetty for Rs. 3,000. In 1982, t...