Search Results for "mortgagor"

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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 "mortgagor"

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High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Bombay High Court Allows Petitioner in Stamp Duty Dispute — Single Mortgage Deed Covering Multiple Loan Agreements Constitutes One Instrument Under Section 4 of Maharashtra Stamp Act, 1958. Revisional Authority's Order Levying Deficit Stamp Duty and Penalty Quashed as Loan Agreements Were Ancillary to Principal Mortgage Deed.

23 Dec 2025

The petitioner, Neepa Real Estates Pvt. Ltd., and its group company Sheth Creators Pvt. Ltd., engaged in real estate, sought financial assistance from...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Refusing to Include Third-Party Properties in Recovery Certificate Under Section 19 of RDB Act. The court held that the DRT has no jurisdiction to include properties of persons who are not parties to the original application or guarantors, and the remedy lies before the civil court.

12 Dec 2024

The petitioners, M/s. SSA Constructions (a partnership firm) and its managing partner, obtained loan facilities from Andhra Bank (Respondent No. 1). T...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — No Prima Facie Case Made Out for Interim Relief. The court held that the appellant failed to establish a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC as the agreement of sale was unregistered and the claim appeared stale.

23 Nov 2024

The appellant, M/s. Gaurav Rose Real Estate Pvt. Ltd., filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 190...

High Court

Bombay High Court Dismisses Petition Challenging Land Acquisition Under Resettlement Act — Acquisition Upheld as Possession Vested in Government and Section 48(1) Application Rejected. Court Held That Once Possession Is Taken and Award Is Passed, Government Cannot Withdraw Land From Acquisition Under Section 48(1) of Land Acquisition Act, 1894.

25 Oct 2024

The petitioner, Ashok Shantinath Chougule, as legal heir of his deceased father Shantinath Dada Chougule, filed a writ petition under Article 226 of t...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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 Allows Second Appeal in Mortgage Redemption Case — Mortgage by Conditional Sale Held to Be a Mortgage, Not Sale, and Right to Redeem Subsists Despite Non-Payment of Rent. The court restored the trial court's decree for redemption and possession, rejecting the appellant's claim of tenancy under the Bombay Rent Act.

27 Jun 2018

The case involves a second appeal arising from a suit for redemption of mortgage and possession filed by the original respondent (Shankar Krishna Bhag...

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...

Supreme Court

Supreme Court Upholds Mortgagors' Right to Restoration of Land Under Debt Relief Act Despite Land Reforms Act Declaration. Land Reforms Act Declaration of Khalsa Land Did Not Extinguish Mortgagors' Rights When Occupants Were Not Tenants, Permitting Debt Adjustment and Land Restoration Under Saurashtra Agricultural Debtors Relief Act, 1954.

13 Feb 1969

The dispute concerned the interplay between the Saurashtra Land Reforms Act, 1951 and the Saurashtra Agricultural Debtors Relief Act, 1954. The respon...

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