Search Results for "prior mortgage"

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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 Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "prior mortgage"

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Supreme Court

Supreme Court Dismisses Purchaser's Appeal and Upholds High Court's Decision Allowing Redemption Under SARFAESI Act Due to Non-Completion of Sale by Registration. Right of Redemption Under Section 13(8) SARFAESI Act Survives Until Registered Sale Deed, Following Principles of Section 60 Transfer of Property Act.

1 Aug 2026

Background: The dispute arose from the sale of a secured asset under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secu...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

High Court

Karnataka High Court Dismisses Tenant's Revision in Eviction Case for Unauthorised Sub-Lease and Nuisance Under Karnataka Rent Act. Concurrent Findings of Fact Not Interfered With as Tenant Sub-Let Without Consent and Caused Nuisance to Neighbours Under Section 27(2)(a) and (r) of Karnataka Rent Act, 1999.

23 Jun 2023

The case arises from a landlord-tenant dispute. The respondent-landlord (since deceased, represented by legal representatives) filed HRC No.16/2008 be...

High Court

Karnataka High Court Dismisses Second Appeal by Plaintiffs in Suit for Injunction Due to Failure to Establish Lawful Possession. Trial Court's Examination of Gift Deed Validity and Title Was Not Beyond the Scope of an Injunction Suit Under the Principles in Anathula Sudhakar v. P. Buchi Reddy.

11 Apr 2022

The dispute concerned an agricultural land measuring 3 acres 25 guntas in Sy.No.108 at Mathadahalli village, Nelamangala Taluk. The appellants-plainti...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

26 Sep 2019

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

Supreme Court

Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

1 Jan 2019

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

High Court

Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

18 Jul 2006

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage and Tenancy Dispute — Mortgagee's Claim of Tenancy Rights Not Established. The court held that a rent note executed by some co-owners is not binding on other co-owners, and the mortgagee's possession after redemption period cannot be converted into tenancy without consent of all co-owners.

16 Aug 2005

The appellant, Mhamulal Husen Momin, filed a second appeal against the judgment of the 5th Additional District Judge, Kolhapur, which confirmed the tr...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. Co-mortgagors' Right to Redeem Mortgage Property Upheld Under Mortgage by Conditional Sale Deed Dated 15th April 1971.

18 Mar 2005

The case involves a Second Appeal filed by the original Defendants Nos. 2 to 8 against the judgment of the lower appellate court. The Respondent No.1,...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. The court found that the lower courts erred in excluding the appellants, who were co-mortgagors, from the right to redeem the mortgage property under the Transfer of Property Act, 1882.

18 Mar 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of a mortgage. The original plaintiff, Respondent No...

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