Search Results for "Property Transfer Restraint"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Property Transfer Restraint"

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High Court

High Court of Bombay at Goa Quashes FIR in Property Fraud Case Due to Civil Nature of Dispute. Allegations of Cheating Under Section 420 IPC Found to Be Commercial Transactions with Pending Arbitration, Not Criminal Offences.

18 May 2026

The petitioners, Jeremias D'Souza and Collette D'Souza, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

Supreme Court

Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

11 Mar 2026

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...

Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

10 Jan 2024

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

Supreme Court

Supreme Court Allows Appeal of Auction Purchaser Against Income Tax Attachment — Prior Secured Debt Prevails Over Crown Debt. The Court held that a sale by DRT pursuant to a prior mortgage is not void under Rule 16 of Schedule II to the Income Tax Act, 1961, despite a subsequent attachment by the Income Tax Department.

6 Mar 2020

The appellant, M/s. Connectwell Industries Pvt. Ltd., purchased a property in a public auction conducted by the Recovery Officer of the Debt Recovery ...

High Court

Bombay High Court Allows Mutation and Quashes Demand for Unearned Income in B1 Category Land Transfer Cases. State cannot insist on NOC or demand unearned income without statutory authority under the Maharashtra Land Revenue Code, 1966.

15 Apr 2019

The judgment concerns two writ petitions challenging the State Government's actions regarding B1 category land. In Writ Petition No.2378 of 2018, the ...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

10 Sep 2015

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...

High Court

Bombay High Court Dismisses Revision Petitions in Suit for Specific Performance and Injunction — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order 6 Rule 16 CPC. Court held that disputed questions of title and possession cannot be decided in summary proceedings under Order 6 Rule 16 CPC and require full trial.

30 Nov -0001

The judgment arises from two civil revision applications filed against an order of the City Civil Court, Mumbai, dated 30th April 2014, which dismisse...

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