Search Results for "forced sale deed"

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Bombay High Court Dismisses Petition Challenging Cancellation of Gift Deeds Under Senior Citizens Act, 2007. Gift Deeds Executed by Mother in Favor of Younger Son and Daughter-in-Law Declared Null and Void Due to Lack of Free Consent and Failure to Provide Maintenance.

The case involves a petition filed by Ashwin Bharat Khater and his wife Ruchi Ashwin Khater (petitioners) challenging an order dated 12 April 2022 pas...

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Supreme Court Upholds Civil Court's Jurisdiction in Suit for Cancellation of Sale Deed on Ground of Fraud. Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950 Does Not Bar Suit When Recorded Tenure Holder's Title Is Not Under Cloud.

The appeals arose from a suit filed by M/s Nupur Housing Development Pvt. Ltd. (plaintiff) against Narendra Kumar Mittal and others (defendants) for c...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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Bombay High Court Partly Allows Landowner's Appeal and Dismisses State's Appeal in Land Acquisition Compensation Case — Compensation Enhanced from Rs.11.50 to Rs.41 per sqm Based on Sale Deed of Similar Land.

The case involves two cross-appeals arising from a land acquisition matter. The Government of Goa acquired land for road construction under a Section ...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...