Search Results for "mortgaged properties"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "mortgaged properties"

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High Court

Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

1 Apr 2013

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Inheritance and Limitation Under Mysore Hindu Law Women's Rights Act, 1933. The Court held that the suit for recovery of possession was barred by limitation as the appellants filed beyond 12 years from accrual of title, and the widow's preference under Section 4 of the Act rendered the grand-daughter's sale non est.

3 Apr 2019

The case involves a property dispute over the estate of Ramanna, who died in 1907. Ramanna was survived by his second wife Seethamma and a daughter Ve...

Supreme Court

Supreme Court Restores Concurrent Findings of Fraud in Property Dispute Between Siblings — General Power of Attorney and Sale Deeds Set Aside as Void. The court held that the plaintiff had sufficiently proved fraud by preponderance of probabilities, and the High Court erred in reversing the concurrent findings without establishing perversity.

1 Jan 2020

The dispute arose between the plaintiff, Joginder Kaur (since deceased, represented by her daughter Nirmal Gill), and her step-brothers and step-siste...

Supreme Court

Supreme Court Disposes of Land Dispute Through Compromise - Parties Agree to Division of Agricultural Land Among Mortgagees, Original Owners, and Purchasers. The Court upheld the compromise dividing the suit land as per the Memo of Compromise, directing mutation and registration.

2 Dec 2019

The appeal arose from a judgment of the Bombay High Court at Aurangabad Bench dated 13.01.2005 in Writ Petition No.1389 of 1989. The dispute concerned...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Temple Land, Remands for Fresh Consideration of Adverse Possession and Limitation Issues. The court set aside the first appellate court's decree and restored the trial court's dismissal of the suit, finding that the plaintiffs failed to prove title and possession within limitation.

28 Nov 2023

The present second appeal arises from a property dispute concerning a temple and adjacent land in Burhanagar, Ahmednagar. The original plaintiffs (res...

High Court

Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

High Court

High Court Directs Bank to Consider OTS Offer Under Maha Rahat Yojana and Maha Samadhan Yojana. Petitioner, owner of mortgaged property, sought direction to Bank to consider his OTS offer; Court held Bank must consider representation and communicate decision within two weeks.

25 Feb 2021

The petitioner, Mr. Balkishan Boob, is the owner of a property mortgaged to the Bank of Maharashtra. The property was borrowed by M/s. Bhagwan Cotton ...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Hears Arbitration Petition Under Section 34 of the Arbitration & Conciliation Act, 1996 Challenging Arbitral Award Directing Satisfaction of Mortgage and Reassignment of Property. The Arbitral Award Had Directed the Mortgagor to Reassign Premises and Pay Outstanding Dues, Which the Legal Heirs of the Deceased Petitioner Contested on Various Grounds Including Improper Impleadment of Legal Representatives.

29 Oct 2010

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an award dated 1st December,...

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