Search Results for "Sale agreement"

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Search Results for "Sale agreement"

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High Court

Bombay High Court Allows Second Appeal in Possession Suit — Sale Deed Prevails Over Tenancy Claim. Court holds that the defendant's registered sale deed from 1960, executed by the plaintiff's brother under a power of attorney, establishes ownership and extinguishes any landlord-tenant relationship, reversing the lower appellate court's decree for possession.

30 Jul 2014

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 28.11.2003 passed by the 3rd Ad hoc Addit...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

5 May 2011

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Binding on Owner as Attorney Exceeded Authority. Court holds that a power of attorney must be strictly construed and the attorney cannot bind the principal beyond the express terms of the power, setting aside the decree for specific performance.

15 Jan 2013

The 1st respondent, R. Krishnamurthy, filed a suit for specific performance of an agreement to sell property No.1236, 3rd Cross, I Block, HAL III Stag...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Binding as Vendor Not Party. Agreement executed between plaintiff and defendant without vendor's consent held unenforceable under Section 54 of Transfer of Property Act, 1882.

13 Mar 2023

The appellant (defendant in the suit) challenged the judgment and order dated 16/07/2022 passed by the learned District Judge No. 18, Nagpur in Regula...

High Court

Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

7 Oct 2010

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Binding on Minor Coparceners. Karta's alienation of joint family property without legal necessity or benefit is not binding on minors; readiness and willingness cannot be considered for first time in appeal without issue framed.

22 Dec 2018

The appellants, original defendants 1 to 5, are members of a joint Hindu family. Respondent 1, Kiran Avachat, filed Special Civil Suit 78/2006 for spe...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

Karnataka High Court Hears Appeal in Property Dispute; Focuses on Compliance of Order 32 CPC and Effect of Abatement on Deceased Defendant

30 Sep 2020

The appeal was filed against the judgment and decree dated 08.11.2013 passed by the XXVIII Additional City Civil Judge, Bangalore, in O.S.No.16723/200...

High Court

Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

16 Sep 2015

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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