Search Results for "prior mortgagee suit"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "prior mortgagee suit"

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High Court

High Court of Karnataka Allows Writ Petition to Lift Attachment of Mortgaged Properties in Favor of State Financial Corporation Over Income Tax Recovery. Priority of secured creditor under Section 46A of State Financial Corporations Act, 1951 prevails over Crown debt for income tax arrears.

13 Mar 2013

The petitioner, Karnataka State Industrial Investment Development Corporation Ltd., a State owned Corporation and a Financial Institution governed by ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantors — Personal Guarantee Not a 'Right or Interest in Property' Under Section 17(1) of SARFAESI Act, 2002. Guarantors Cannot Challenge Possession Notice Before Debt Recovery Tribunal Under SARFAESI; Remedy Lies Under RDDB Act, 1993.

10 Mar 2017

The judgment concerns two writ petitions filed by Mahindra Chandrasen and Sharad Chandrasen (petitioners) against Union Bank of India and other respon...

Supreme Court

Supreme Court Remands Mortgage Redemption Suit for Fresh Determination on Khud-kasht Status Under Madhya Bharat Zamindari Abolition Act, 1951. High Court Erred in Denying Possession Without First Deciding Whether the Land Was Khud-kasht and Whether the Appellant Was Entitled to Retain Possession Under Section 4(1)(f) of the Act, and the State Should Have Been Impleaded as a Necessary Party.

27 Oct 1969

The case arose from a mortgage redemption suit filed in 1943 after the mortgagors' notice for redemption was refused. During the pendency of the suit,...

High Court

Madras High Court Pronounces Judgment in Appeal by 9th Defendant Against Decree in Partition and Declaration Suit — Validity of Sale Deeds Executed Without Consent of Co-sharer Questioned

29 Jul 2026

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 by the 9th defendant against the judgment and decree dated 06.03.2020 in O....

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

Supreme Court Dismisses Appeal in Pre-emption Case, Holding Limitation Runs from Each Sale Under Rajasthan Pre-Emption Act, 1966. Each Sale of Property Gives Fresh Cause of Action for Pre-emption, and Failure to Challenge Earlier Sales Does Not Bar the Right Under Article 97 of Limitation Act, 1963.

13 Oct 2020

The appeal arose from a suit for pre-emption filed by the predecessor-in-interest of respondent No.1 (original plaintiff) against the appellant and ot...

High Court

Karnataka High Court Dismisses Revision Petition by Defendant No. 25 Against Trial Court's Order Refusing Rejection of Plaint in Partition Suit Due to Limitation and Validity of Sale Deed. Court Holds That Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC as Issues of Limitation and Validity of Sale Deed Are Mixed Questions of Law and Fact Requiring Trial.

25 Oct 2024

The Civil Revision Petition No. 88 of 2024 was filed by M/s Jade Garden Plot Owner's Association, who was Defendant No.25 in the original suit O.S. No...

High Court

Bombay High Court Allows Assessee's Appeal in Income Tax Case Regarding Deduction of Mortgage Repayment Under Section 48(i). The court held that repayment of mortgage debt is an expenditure incurred in connection with transfer of mortgaged asset, allowable under Section 48(i) of Income Tax Act, 1961.

31 Jan 2005

The judgment involves two tax appeals, one by the revenue and one by the assessee, arising from a common issue regarding the allowability of mortgage ...

High Court

Bombay High Court Dismisses Developer's Interim Injunction Application in Redevelopment Dispute and Holds Civil Suit Not Barred by Section 91 of Maharashtra Co-operative Societies Act, 1960. Developer's Claim for Specific Performance of Development Agreement Against Co-operative Housing Society Held Maintainable as Developer Is Not a Member Under Section 91, and Transaction Not Subject to Restrictions Under Sections 43, 44, or 45.

13 Jul 2016

The suit was filed by a partnership firm of developers, Maya Developers, against the Azad Co-operative Housing Society Ltd. and its members, seeking s...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Land Due to Limitation and Lack of Readiness and Willingness. Plaintiff's claim for 15% share in property fails as suit filed beyond limitation period and plaintiff failed to prove readiness and willingness to perform his part of contract.

19 Oct 2012

The plaintiff, Kantilal Vasanji Chheda, filed a suit in 1994 seeking a declaration that an agreement dated 10th April 1981 for purchase of an open plo...

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