Search Results for "Collusive Decree"

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Supreme Court Dismisses Appeals in Specific Performance Suits — Concurrent Findings of Fact Not Disturbed. Agreements of Sale Dated 16.07.1980 Were Not Genuine and Were Created to Defeat Prior Agreement of 27.03.1979.

The case involves two civil appeals arising from a judgment of the Madras High Court which reversed the trial court's decree for specific performance ...

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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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High Court of Karnataka Delivers Judgment in Second Appeal Concerning Validity of Sale Deed of Tataguni Estate. The dispute centered on the execution and registration of a sale deed by the original owner and the alleged obstruction by her private secretary in completing the transaction.

The second appeal before the High Court of Karnataka arose from a judgment of the first appellate court which had decreed the suit of the plaintiff co...

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High Court of Bombay Issues Show Cause Notice and Considers Contempt Action Against Insolvent for Undisclosed Bank Transactions Under Presidency Towns Insolvency Act, 1909. Allegations of Non-Disclosure of Bank Accounts and Transactions Post-Adjudication Examined Under Section 33(4) of the Act.

The matter arises from insolvency proceedings against Pallav Sheth, who was notified under Section 3(2) of the Special Court (Trial of Offences Relati...

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Bombay High Court Appeal Against Interim Injunction Restraining Development of Bandra Property — Purchaser Challenges Restraint Order Based on Claim That Order Causes Absolute Prejudice.

The judgment arises from an appeal before the Bombay High Court against an interim order passed by a learned Single Judge in a notice of motion in a s...

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Supreme Court Allows Appeal in Specific Performance Case — High Court Erred in Reversing Concurrent Findings on Bona Fide Purchaser Defence. Transfer of Property Act, 1882 Sections 41 and 52 interpreted; lis pendens applies to transfers during pendency of injunction suit.

The appeal arises from a suit for specific performance of an agreement to sell dated 10.11.2002 for 16 kanals of land for Rs. 8 lakhs, with Rs. 2.50 l...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...