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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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High Court of Karnataka Disposes of Batch of Writ Appeals Filed Under Karnataka High Court Act Against Single Judge Order in BDA Matter. The Court’s decision and specific legal findings are not provided in the extracted text.

The High Court of Karnataka at Bengaluru, constituted by Justice B.V. Nagarathna and Justice N.S. Sanjay Gowda, heard a batch of writ appeals on 26th ...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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Supreme Court Cancels Anticipatory Bail in Dowry Death Case, Transfers Investigation to CBI. The Court held that the High Court's grant of bail was perverse and that the circumstances warranted an independent investigation by the CBI under Section 173(8) CrPC.

The case arises from the unnatural death of Dr. Deepti Mangla, who was married to Sumit Agarwal on 3 November 2014. On 7 August 2020, the appellant, D...

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Bombay High Court Quashes Reassessment Order in Capital Gains Tax Case — Transfer of Shares of Foreign Company Not Taxable in India. Shares of a Bermuda company transferred outside India do not constitute transfer of a capital asset situated in India under Section 2(14) of the Income Tax Act, 1961.

The petitioner, Techpac Holdings Ltd., a company incorporated in Bermuda, challenged an assessment order dated 25th March 2013 passed by the Deputy Co...