Search Results for "prior mortgagee suit"

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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...
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Search Results for "prior mortgagee suit"

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High Court

High Court of Judicature at Bombay Adjudicates Creditor's Application for Secured Creditor Status in Liquidation; Cooperative Bank's Claim Based on Unregistered Mortgage and Recovery Certificate Under Maharashtra Cooperative Societies Act, 1960. A Recovery Certificate ordering attachment and sale does not create a charge on company assets without registration under Section 125 of the Companies Act, 1956, and an unregistered mortgage is void against the Official Liquidator.

3 Jun 2019

This matter arose in the winding up of Satwik Electric Controls Private Limited (the Company), ordered to be wound up on 19 July 2007. City Coop Credi...

High Court

Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

18 Oct 2011

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

Supreme Court

Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

10 Dec 1965

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...

Supreme Court

Supreme Court Upholds Execution Against Bhumidhari Rights and Trees Under U.P. Encumbered Estates Act. Bhumidhari Rights Held Not to be Proprietary Rights, and Trees Not Vesting in State are Debtor's Property Liable to Execution.

25 Sep 1969

The dispute arose from execution proceedings under the Uttar Pradesh Encumbered Estates Act, 1934. The predecessors-in-interest of the appellants were...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint for Want of Notice Under Section 89 of Waqf Act, 1995. Suit Against Waqf Board Without Prior Notice is Not Maintainable and Plaint Liable to be Rejected Under Order VII Rule 11 CPC.

22 Jan 2015

The applicant, M/s Nirmal Associates, a partnership firm, filed a Civil Revision Application against the order of the Maharashtra Waqf Tribunal, Auran...

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 Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

High Court

High Court of Karnataka Dismisses Second Appeals in Bank Suit Rejection Case — Plaint Rejected Under Order 7 Rule 11 CPC for Non-Disclosure of Cause of Action. Appellant's Suits for Declaration and Injunction Against Bank's Auction Notice Held Barred by Limitation and Lack of Cause of Action.

1 Mar 2013

The appellant, Yashavant S/o Laxman Sable, filed a series of Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) again...

High Court

Gujarat High Court Allows Petition Challenging Revenue Secretary's Order in Mutation Entry Dispute — Restores Collector's Order Allowing Mutation Despite Subsisting Mortgage. Held that the Revenue Secretary exceeded revisional jurisdiction by not considering that the mortgage was discharged and the sale deed was valid under Section 135 of Gujarat Land Revenue Code, 1879.

6 Feb 2026

The petitioners, Hasmukhbhai Bhailalbhai Patel and another, purchased land bearing Survey No. 77/3 of Village Navli by a registered sale deed from the...

High Court

High Court of Karnataka Hears First Appeals Against Dismissal of Partition Suit. Multiple Appellants Challenge Judgment in O.S. No. 1949/1980 Dismissing Suit for Partition and Separate Possession.

1 Mar 2013

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