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Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC. The Court held that the plaint disclosed triable issues regarding mortgage, power of attorney revocation, and jurisdiction, and could not be rejected at the threshold.

The appellant, Vinod Infra Developers Ltd., claimed ownership of agricultural land in Jodhpur and alleged that it had borrowed Rs. 7.5 crores from res...

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Supreme Court Allows Priority to Secured Creditors Over Attached Assets in NSEL Scam Case. Secured Creditors Under SARFAESI Act and RDB Act Have Priority Over Attachments Under PMLA and MPID Act, and Moratorium Under IBC Does Not Bar Execution Against Properties Attached Under MPID Act.

The Supreme Court in this judgment addressed two priority questions of law arising from the NSEL scam, where the petitioner, National Spot Exchange Li...

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Supreme Court Upholds Auction Validity: Battle Over Mortgage Redemption and Property Title. A landmark ruling interpreting the SARFAESI Act clarifies borrower and auction purchaser rights amidst contested mortgage and property transfer cases.

The Supreme Court adjudicated a dispute arising from a public auction under the SARFAESI Act involving Celir LLP (auction purchaser), Sumati Prasad Ba...

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"Supreme Court Decides on Marumakkathayam Property Disputes: Clarifies Law on Partition and Succession." "A precedent-setting judgment resolving the interplay of customary matrilineal laws and property rights."

The Supreme Court upheld the High Court and Trial Court decisions concerning the partition of property under the Marumakkathayam system, a matrilineal...

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"High Court Allows Challenge to Land Acquisition Due to State's Failure to Assume Possession" "Physical possession retained by owner deemed necessary for lawful land acquisition"

The case concerns a petition filed by Petitioner, now represented by his legal heir, Ashok Shantinath Chougule. The petitioner challenged the land acq...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...

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Edelweiss Asset Reconstruction Company Ltd. vs. Meeti Developers Pvt. Ltd. A dispute over the enforcement of a mortgage and redevelopment rights amidst insolvency proceedings.

The case involves a legal dispute between Edelweiss Asset Reconstruction Company Ltd. (Plaintiff) and Meeti Developers Pvt. Ltd. (Defendant) over a lo...

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Supreme Court Restores Mortgage Decree with Reduced Interest Rate in A. B. Govardhan v. P. Ragothaman. In a pivotal judgment, the Supreme Court reinstates a lower court's mortgage decree, modifying the interest rate while emphasizing the validity of the mortgage agreement.

The Supreme Court of India, in the case of A. B. Govardhan v. P. Ragothaman, overturned the decision of the Division Bench of the Madras High Court, ...