Search Results for "illegal dispossession"

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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Bombay High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Sale Deeds Held to be Mortgage by Conditional Sale. Transaction of 1977 and 1991 Declared Illegal as They Were Security for Loan, Not Out-and-Out Sale.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and the first appellate court, wh...

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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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Bombay High Court Allows Second Appeal in Property Dispute — Remands Suit for Fresh Consideration Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination by Lower Appellate Court Renders Judgment Unsustainable.

The appellant, Bhagwan Govind Nagre, filed a second appeal challenging the judgment and order dated 06.06.1994 passed by the learned District Judge, B...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...