Search Results for "decree holder auction purchaser"

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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...
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Search Results for "decree holder auction purchaser"

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High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Third Party Claimants Can File Application Under Order 21 Rule 97 CPC Despite Not Being Parties to Original Suit. Order 21 Rule 97 CPC Provides Remedy to Any Person, Including Strangers to Decree, Who Is Obstructed in Possession of Property in Execution.

12 Oct 2023

The appeal arises from an execution proceeding in E.P. No. 161/2016 on the file of the I Additional Senior Civil Judge, Ballari. The respondent, K. Ra...

High Court

Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

29 Apr 2021

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in SARFAESI Act Priority Dispute — Employees' Dues Cannot Override Bank's Claim Over Sale Proceeds of Co-operative Society's Assets. The Court held that Section 529A of the Companies Act, 1956 does not apply to co-operative societies due to Section 167 of the Maharashtra Co-operative Societies Act, 1960, and employees' dues recoverable as arrears of land revenue do not create a paramount charge over secured assets.

4 Dec 2019

The appeal arose from a dispute between the Maharashtra State Co-operative Bank Ltd. (appellant) and employees of Vainganga Sahakari Sakhar Karkhana L...

High Court

High Court of Karnataka Dismisses Auction Purchaser's Writ Petition Challenging Rejection of Interest Claim on Fixed Deposit in Execution Proceedings. Court Holds That Interest on Fixed Deposit Accrues to the Decree Holder, Not the Auction Purchaser, Under Section 151 CPC.

10 Oct 2019

The petitioner, Sri S.R. Venkatesh Babu, was the auction purchaser of a portion of the subject property in Execution Petition No.2420/2002 pending bef...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications.

12 Dec 2017

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the X...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Not Proved and Time Not Essence. Plaintiff failed to establish execution of agreement for sale and readiness and willingness to perform, leading to dismissal of suit for specific performance.

30 Jun 2014

The appellant, Shaikh Hidayat, filed a suit for specific performance of an agreement for sale of property admeasuring about 11920 sq. mtrs. at Borda, ...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Forfeiture of Right to Argue in Execution Proceedings. Repeated Adjournments and Non-Compliance with Cost Order Justify Forfeiture Under Order 21 CPC.

27 Jul 2011

The petitioner, Robert Meghraj Wanjari, was the judgment debtor in Special Summary Suit No.1 of 2010, where a decree was passed against him. He filed ...

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