Search Results for "Sale Pending Suit"

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Search Results for "Sale Pending Suit"

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High Court

High Court of Karnataka Considers Application Under Section 434 Companies Act Seeking Transfer of Winding-Up Petition to NCLT. Applicant Argues No Irreversible Steps Taken, Citing Supreme Court Precedent.

23 Jun 2026

The matter arose from a Company Petition filed in 2010 seeking winding up of Broadcast Infratel India Private Limited on grounds of unpaid admitted de...

High Court

Bombay High Court Upholds Specific Performance Decree in Property Sale Dispute — Memorandum of Understanding Enforceable Despite Alleged Breach. Court affirms that time was not of essence and plaintiffs were ready and willing to perform, directing execution of sale deed upon deposit of balance consideration.

9 Aug 2016

The case involves a dispute over the specific performance of a Memorandum of Understanding (MOU) dated 18.09.1997 for the sale of immovable property. ...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

1 Mar 2005

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...

High Court

Madras High Court Decrees Recovery of Port Charges in Favor of Chennai Port Trust Against Vessel Owner for Unpaid Berth Hire and Port Dues Under Major Port Trusts Act, 1963. The court held that the statutory charge under Section 64 of the Major Port Trusts Act, 1963 attaches to the vessel and the purchaser is liable for pre-existing dues, and waiver granted to previous owner is not binding on the plaintiff.

23 Jan 2026

The plaintiff, Board of Trustees of the Port of Chennai, filed a suit for recovery of Rs.1,08,84,931/- with interest at 15% per annum from the defenda...

High Court

Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

22 Feb 2017

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

24 Aug 2023

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Appeal in Property Dispute, Upholds Trial Court's Refusal to Vacate Injunction. Court holds that a tenant cannot be dispossessed without due process of law and that the trial court's order refusing to vacate ad-interim injunction was not perverse.

4 Mar 2005

The appeal arose from a judgment and order dated 24th June 2004 passed by the learned trial Judge on Applications at Exh.5 and Exh.36 in Special Civil...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit Based on Will — Licensee Estopped from Denying Licensor's Title Under Section 116 of Indian Evidence Act, 1872. The court held that a licensee must surrender possession before challenging the licensor's title, and the Will dated 5.7.1991 was proved as a valid document of title.

4 Apr 2014

The case involves a dispute over possession of a suit property (Nazul plot No.18, Sheet No.7, admeasuring 235.09 sq. meters, with a double-storied bui...

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