Search Results for "mortgagor"

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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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Search Results for "mortgagor"

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High Court

High Court of Karnataka Dismisses Appeal in Ejectment Suit — Plaintiffs Fail to Prove Title and Possession Against Financial Corporations. Suit for ejectment and damages dismissed as plaintiffs failed to establish title and possession over suit property, and suit was barred by limitation under Article 65 of Limitation Act, 1963.

19 Dec 2023

The appeal arises from a judgment and decree dated 11.04.2007 passed by the XVI Additional City Civil and Sessions Judge, Bangalore, in O.S.No.3071/19...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the appellant failed to prove the mortgage and refusal to redeem, and no substantial question of law arises under Section 100 CPC.

9 Jan 2020

The appellant, Gulabrao Vishwas Desai, filed a second appeal before the Bombay High Court against the judgment and order dated 3rd August 1988 passed ...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

High Court of Karnataka Dismisses Borrower's Writ Petition Challenging DRT Order and Sale Proclamation Due to Alternative Remedy and Delay. Petitioner Failed to Appeal Under Section 30 of RDB Act, 1993 Against DRT Order Dated 14.3.2000, and Filed Writ After 13 Years.

18 Jun 2013

The petitioner, A. Abdul Hameed, was a borrower who had taken a loan of Rs.5.00 lakh from Syndicate Bank (respondent No.1). Respondents No.3 and 4 had...

High Court

Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

2 Feb 2010

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...

High Court

Bombay High Court Allows Appeals in Mortgage Redemption and Specific Performance Dispute — Remands for Fresh Consideration of Limitation and Validity of Agreements. The court set aside the Appellate Court's common judgment and remanded the matters for fresh disposal, emphasizing the need for proper consideration of evidence and legal principles.

6 Jun 2006

The case involves two cross-appeals arising from a mortgage and an agreement to sell the same suit land. The respondent No.1, owner of the suit land, ...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Appellants' Possessory Title Upheld Over Respondents' Claim of Redemption. Court holds that a mortgagee in possession acquires title by adverse possession after 12 years from the date of mortgage if the mortgagor fails to redeem within the limitation period under Article 61 of the Limitation Act, 1963.

14 Oct 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of mortgage and possession filed by the respondents ...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Sale Deed Challenged as Void for Non-Compliance with Section 7 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, but Court Found No Substantial Question of Law.

30 Nov -0001

The case involves a second appeal filed by Navinchand Khushalchand Mutha against the judgment and decree of the lower appellate court in a suit for de...

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