Search Results for "possession transfer"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "possession transfer"

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Supreme Court

Supreme Court Allows Appeals of Secured Creditors in SARFAESI Act Case — Holds Chief Judicial Magistrate Competent Under Section 14. The Court resolved the conflict among High Courts by interpreting that the CJM can exercise powers under Section 14 of the SARFAESI Act, 2002, for taking possession of secured assets in non-metropolitan areas.

23 Sep 2019

The Supreme Court resolved a conflict among High Courts regarding the interpretation of Section 14 of the Securitisation and Reconstruction of Financi...

Supreme Court

Supreme Court Sets Aside High Court Order Rejecting Plaint Under Order VII Rule 11 CPC in Title Suit. The Court held that the plaint could not be rejected on limitation grounds as it required consideration of entire averments, and the suit for declaration and injunction under Section 53A of the Transfer of Property Act was maintainable for trial.

14 Mar 2022

The appeal arose from a dispute where the original plaintiffs filed a title suit seeking declaration of right, title, and interest in property under S...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — No Substantial Question of Law Arises. Concurrent findings of fact on possession and part performance under Section 53A of Transfer of Property Act, 1882 upheld.

22 Aug 2022

The case involves a second appeal filed by the legal representatives of the original sole defendant against the judgment and decree passed by the lowe...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit at Appellate Stage — Scope of 'Any Other Relief' Under Section 22(1)(b) of Specific Relief Act, 1963. The court held that the expression 'any other relief to which he may be entitled' in Section 22(1)(b) permits a plaintiff to amend the plaint at the appellate stage to claim mesne profits as an alternative relief when the suit for specific performance is dismissed.

16 Nov 2022

The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mir...

High Court

High Court of Bombay Admits Appeal Against Order Vacating Ex-Parte Stay on NCLT Proceedings in Corporate Insolvency Case. Company Petition for Winding Up Admitted Prior to IBC Application; Court to Determine Jurisdiction Overlap Between Winding Up and Corporate Insolvency Resolution Process.

26 Jul 2018

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High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

High Court

High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

26 Jul 2024

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

High Court

Bombay High Court Allows Petition Challenging Cancellation of Residential Quarter Allotment to Dependent of Deceased Government Employee. The Court held that the Maharashtra Administrative Tribunal has jurisdiction to entertain disputes regarding government accommodation allotment, and the matter was not barred by res judicata due to a prior civil suit.

18 Jul 2023

The petitioner, Yogesh Dilip Devre, challenged the order of the Maharashtra Administrative Tribunal (MAT) dated July 6, 2023, which dismissed his Orig...

High Court

Bombay High Court Allows Second Appeal in Rent Recovery and Possession Suit — Oral Lease of Vacant Plot Not Covered by Rent Control Act. Held that a vacant plot is not a 'premises' under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and the tenant's possession after expiry of lease is that of a trespasser, not a tenant.

17 Mar 2011

The original plaintiff, Dasrao Ramrao Bokil (since deceased, represented by legal heirs), filed a suit (R.C.S. No. 10/1976) before the Civil Judge Jun...

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