Search Results for "symbolic possession"

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

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Bombay High Court Allows Second Appeal in Mortgage Tenancy Dispute — Tenancy Revived Upon Mortgage Redemption. The substantial question of law was whether the defendant's tenancy is revived once the mortgage is redeemed under the Transfer of Property Act, 1882.

The case involves a second appeal by the original plaintiff, Tukaram Govind Patil (since deceased, represented by his heirs), against the original def...

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Supreme Court Upholds Vacation of Injunction in Specific Performance Dispute Over Land Sale Agreement. Disputed Questions of Possession and Payment of Consideration Require Trial, Not Interim Relief.

The Supreme Court dismissed appeals challenging the High Court's interim order vacating a temporary injunction that had restrained landowners from int...

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Bombay High Court Dismisses Petition Challenging SAFEMA Notice Against Family Members of Convicted NDPS Offender. Property Attachment Under SAFEMA Sections 68A-68I Upheld as Independent of Criminal Trial Outcome.

The petitioners, Zaibunissa Ebrahim Khan, Junaid Ebrahim Khan, Faizal Ebrahim Khan, Imran Ebrahim Khan, and Afzal Ebrahim Khan, are family members of ...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...