Search Results for "oral mortgage"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

Supreme Court

Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case Due to Unregistered Tenancy and Lack of Evidence. Tenant's Claim of Prior Tenancy Fails as It Exceeded One Year Without Registered Instrument Under Section 107 of Transfer of Property Act, 1882, and Tenant-in-Sufferance Not Protected Under SARFAESI Act.

17 Aug 2021

The dispute arose from a criminal appeal before the Supreme Court challenging orders of the Chief Metropolitan Magistrate, Mumbai, which rejected the ...

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

Karnataka High Court Dismisses KSFC's Petition to Implead in Specific Performance Suit. Mortgagee is not a necessary party to a suit for specific performance of a contract for sale.

5 Mar 2015

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

High Court

Bombay High Court Hears Cross Appeals in Mortgage Redemption Suit Without Naming Parties. The Court Examines Whether a 1947 Mortgage Was Redeemed by Partial Heirs in 1959, Affecting Rights of Other Co-Heirs.

23 Aug 2018

The present appeals arise from a mortgage redemption suit filed in 1976. The original plaintiffs (legal heirs of the mortgagor) sought redemption of a...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction.

22 Jun 2023

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recover...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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 Dismisses Appeal by Judgment Creditor in Execution of Hong Kong Decree, Upholding Licensee's Right to Continue Occupation and Security Interest in Flat. Leave and License Agreement Creates a Charge and Right to Possession Until Security Deposit Refunded, Not Subject to Revocation Under Sections 59 and 60 of Indian Easements Act, 1882.

2 May 2006

The case involved an appeal against an order of a Single Judge who had allowed a Chamber Summons filed by Respondent No.2, ING Bank N.V., a licensee u...

High Court

Gujarat High Court Allows Petition Challenging Revenue Secretary's Order in Mutation Entry Dispute — Restores Collector's Order Allowing Mutation Despite Subsisting Mortgage. Held that the Revenue Secretary exceeded revisional jurisdiction by not considering that the mortgage was discharged and the sale deed was valid under Section 135 of Gujarat Land Revenue Code, 1879.

6 Feb 2026

The petitioners, Hasmukhbhai Bhailalbhai Patel and another, purchased land bearing Survey No. 77/3 of Village Navli by a registered sale deed from the...

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