Search Results for "Encumbrances"

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Bombay High Court Dismisses Decree Holder's Application to Implead Auction Purchaser in Execution Proceedings — Order VI Rule 17 CPC Application Rejected as Execution is Not a 'Trial' and Amendment Would Change Nature of Suit

The petitioner, Sangli Zilla Parishad Employees Co-operative Credit Society Limited, had advanced a loan to respondent no.1, Ninaidevi Sahakari Sakhar...

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Supreme Court Directs SEBI to Liquidate Attached Assets and Refund Investors in Collective Investment Scheme Case — Court Emphasizes Need for Time-Bound Disposal and Coordination Between Authorities

The petitioners, who are husband, wife, and their son, were founder-directors of Sai Prasad Properties Ltd and other companies in the Sai Group. They ...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Bombay High Court Dismisses Review Applications in Ceiling Act Case — Purchasers from Surplus Land Owner Not Entitled to Review as No Error Apparent on Record. The court held that purchasers cannot claim better rights than their vendor and that review is not an appeal in disguise.

The judgment concerns two review applications (Miscellaneous Civil Application No.81/1999 and No.86/1999) filed by purchasers of agricultural land fro...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for Street Scheme Due to Delay and Laches. Acquisition Proceedings Initiated in 1969 and Completed in 1986 Cannot Be Challenged After 14 Years Without Justification.

The dispute relates to the acquisition of land bearing field Survey Nos.147/2, 153, 154/1, 2 and 3, 155, 156 and 156/1, admeasuring about 10.10 acres,...

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Bombay High Court Allows Appeal Against Refusal of Ad-Interim Injunction in Property Dispute — Holds That Trial Court Must Consider Documents Prima Facie and That Section 52 of Transfer of Property Act Does Not Substitute Injunction

The appellant, Durga Bearing (Mumbai) Pvt. Ltd., filed an appeal against the order of the City Civil Court, Dindoshi, Mumbai, dated 10 August 2016, wh...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to Gross Delay and Laches. Petitioner's failure to establish tenancy and inordinate delay in challenging notifications under Land Acquisition Act bars relief.

The petitioner, Vinayak Bhaskar Sinai Dhume, filed a writ petition in the High Court of Bombay at Goa challenging notifications dated 7th April 1999 a...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Road Widening Under Maharashtra Highways Act, 1955. Petitioners Failed to Show Statutory Violation or Arbitrariness in Acquisition Process.

The judgment concerns three writ petitions filed by landowners challenging the acquisition of their land for widening of the Aurangabad-Jalna road und...