Search Results for "Mortgagee"

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
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Search Results for "Mortgagee"

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Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

High Court

High Court of Karnataka Dismisses Revision Petitions in Dishonour of Cheque Cases — Conviction Under Section 138 NI Act Upheld Due to Lack of Evidence on Loan Repayment. The court held that concurrent findings of fact cannot be interfered with in revision unless perverse, and the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881.

30 Aug 2021

The petitioner, Sri Narayana Mudaliyar @ Narayana Raju, was convicted under Section 138 of the Negotiable Instruments Act, 1881, in two separate cases...

Supreme Court

Supreme Court Dismisses Appeal in Mortgage Redemption Dispute — Agreement Held to be Mortgage by Conditional Sale. Debtor-Creditor Relationship and Reconveyance Clause in Same Document Establish Mortgage Under Section 58(c) of Transfer of Property Act, 1882, Entitling Mortgagor to Redeem Within Limitation Period.

12 Sep 2019

The case involves a dispute over the nature of an agreement dated 29.04.1971 (Exhibit 52) between the plaintiffs (respondents) and defendant no.1 (app...

High Court

Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation.

30 Apr 2019

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuri...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

4 Dec 2018

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Allows Amendment in Arbitration Application Under Section 9 of Arbitration Act — Petitioner Permitted to Amend Pleadings to Include Claim for Injunction Against Alienation of Partnership Property. Amendment under Order VI Rule 17 CPC allowed as it did not change nature of proceedings and was necessary to avoid multiplicity of litigation.

25 Nov 2014

The petitioner, Sanjay Suganchand Kasliwal, filed a writ petition challenging the rejection of his applications for amendment (Exh.35 and Exh.36) in a...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

8 Jul 2011

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

High Court

Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

18 Apr 2006

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...

High Court

Bombay High Court Dismisses Second Appeals in Possessory Mortgage Redemption Suit — Upholds Concurrent Findings on Limitation and Adverse Possession. The court held that the suit for redemption filed after 36-year mortgage period plus 30-year limitation period was barred by limitation, and that the mortgagee had perfected title by adverse possession.

16 Feb 2005

The appellants, original plaintiffs, filed Second Appeals against a common judgment and decree of the Appellate Court dismissing their suit for redemp...

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