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...
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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "foreclosure suit"

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Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

Bombay High Court Allows Redemption of Mortgage Despite Delay in Filing Final Decree Application — Limitation Not Applicable to Order 34 Rule 8 CPC Proceedings. The court held that an application for final decree of redemption is a step in the suit and not an independent proceeding, hence not subject to limitation under the Limitation Act, 1963.

2 Aug 2018

The case involves a second appeal against the judgment of the 2nd Additional District Judge, Satara, which allowed the respondent's appeal and set asi...

High Court

Bombay High Court Dismisses Review Petition in Heirship Certificate Case Under Bombay Regulation VIII of 1827 — Will Not Proved as Attesting Witness Failed to Establish Execution. The Court held that the attesting witness did not depose about the execution of the Will as required under Section 68 of the Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925, and thus no error apparent on record was shown.

20 Mar 2018

The applicants, Baban Ramchandra Shukla, Nalini Vinayakrao Joshi, and Malti Jagannathrao Tembhurne, filed a review application before the Bombay High ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Heirship Certificate Application Under Bombay Regulation VIII of 1827 — Will Not Proved in Accordance with Law. The Court upheld the trial court's order rejecting the application for heirship certificate as the Will relied upon was not proved as required by law.

30 Jun 2017

The applicants, Baban Ramchandra Shukla, Nalini Vinayakrao Joshi, and Malti Jagannathrao Tembhurne, filed a Civil Revision Application before the Bomb...

High Court

Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

23 Dec 2015

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Mortgage Dispute — Arbitrator's Jurisdiction Upheld Despite Lack of Pre-Appointment Notice. The court held that a claim for enforcement of a mortgage is arbitrable as it is in personam, and Section 21 of the Arbitration Act does not require notice before appointment when the agreement provides for unilateral appointment.

25 Jul 2013

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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