Search Results for "decree transfer"

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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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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "decree transfer"

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High Court

Bombay High Court Quashes Civil Imprisonment Order Against Guarantor in DRT Recovery Proceedings — Failure to Comply with Section 30 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Court holds that Recovery Officer cannot order arrest without issuing a show-cause notice and giving an opportunity of hearing as mandated by the Act.

11 Apr 2017

The petitioners, including Panther Fincap & Management Services Limited and three individuals, were aggrieved by an order dated 31 May 2007 passed by ...

High Court

Bombay High Court Dismisses Appeal Against Appointment of Court Receiver in Execution Proceedings — Third Party Claimants Cannot Resist Execution Without Independent Title. The Court held that Section 9A CPC does not apply to execution proceedings and that objections by third parties in execution are not maintainable unless they have an independent right or title.

25 Sep 2018

The case involves a commercial appeal arising from an order dated 8 August 2018 passed by a learned Single Judge of the Bombay High Court in execution...

High Court

Madras High Court Dismisses Second Appeal in Property Recovery Suit — Plaintiff Fails to Prove Title and Possession. The Court held that the plaintiff, who purchased property from co-owners, cannot recover possession without establishing his title and the defendants' possession as trespassers, and the concurrent findings of fact by lower courts cannot be interfered with under Section 100 CPC.

7 Jan 2025

The appellant/plaintiff filed a suit for recovery of possession and damages against the respondents/defendants 2 and 3 in respect of a property that w...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Execution Proceedings in Land Dispute — Execution Petition Not Barred by Limitation Under Article 136 of Limitation Act, 1963. Decree Holder's Application for Execution Within 12 Years of Decree Is Maintainable Despite Delay in Filing.

28 Jan 2015

The case involves two writ petitions filed by the Chief Officer of Town Panchayath, T. Narasipura, challenging the execution proceedings in Ex. Case N...

High Court

Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

9 Oct 2013

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...

High Court

Bombay High Court Upholds Partition Decree and Invalidates Adoption Claim for Failure to Prove Giving and Taking Ceremony under Hindu Adoptions and Maintenance Act, 1956. The Court Finds Evidence of Adoption Lacking in Consistency and Free from Suspicion, Rejecting the Claim of Adult Adoption by a Married Man Without Corroborating Witnesses or Documentary Proof of Ceremony.

23 Apr 2014

The dispute arose out of a suit for partition and declaration filed by Muktabai, daughter of late Shankarrao, against her two sisters and one Panduran...

High Court

Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

10 Jun 2013

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

Supreme Court

Supreme Court Allows Appeal in Conditional Sale Dispute — Holds That Transaction Was a Sale with Condition of Repurchase, Not a Mortgage. The Court restored the Trial Court's decree dismissing the suit for specific performance, finding that the conditional sale deed dated 5.8.1977 was an out-and-out sale with a condition of repurchase, and the suit filed in 1983 was premature as the condition could only be exercised by July 1984.

4 Jul 2023

The case involves a dispute over a property in Patna. Kishori Lal Sahu, the original owner, along with his son, executed a conditional sale deed dated...

Supreme Court

Supreme Court Allows Appeal in Property Sale Dispute — Unilateral Cancellation of Registered Sale Deed Held Invalid Without Consent or Court Order. A registered sale deed cannot be cancelled unilaterally by the vendor; cancellation requires mutual consent or a court decree under the Transfer of Property Act, 1882 and the Registration Act, 1908.

22 Aug 2023

The case involves a property dispute where the original plaintiff (now represented by his legal heirs) filed a suit for declaration of title and posse...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. Admission Must Be Unambiguous and Unequivocal for Judgment on Admissions; Letters Merely Acknowledging Receipt of Documents Do Not Constitute Admission of Ownership.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

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