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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

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Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Supreme Court Allows Appeal in Property Dispute, Holds Sale Deed as Absolute Conveyance Not Mortgage. Separate Agreement for Reconveyance Cannot Convert Sale into Mortgage Under Section 58(c) of Transfer of Property Act, 1882.

The dispute arose from a transaction involving agricultural land measuring 6 acres 2 guntas in Survey No.2/A. The plaintiff (respondent) had taken fin...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Sale Deed Challenged as Void for Non-Compliance with Section 7 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, but Court Found No Substantial Question of Law.

The case involves a second appeal filed by Navinchand Khushalchand Mutha against the judgment and decree of the lower appellate court in a suit for de...