Search Results for "decree holder auction purchaser"

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Search Results for "decree holder auction purchaser"

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Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

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.

9 Jul 2024

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...

Supreme Court

Restitution in Court Auction Sales: Upholding Justice Amidst Procedural Challenges Interpretation and Application of Section 144 CPC

14 May 2024

Restitution of Judgment Debtors in Court Auction Sales: Interpretation and Application of Section 144 CPC The legal issue in this appeal revolves aro...

Supreme Court

Supreme Court Upholds Auction Purchaser in Land Acquisition Compensation Execution Dispute Under CPC. Auction sale confirmed as judgment debtor failed to prove material irregularity or substantial injury under Order XXI Rule 90 of Code of Civil Procedure, 1908, and did not comply with deposit requirements under Order XXI Rule 89.

2 Sep 2022

The dispute originated from the non-payment of compensation for land acquired under the Land Acquisition Act, 1984, spanning over three decades. The o...

High Court

High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

19 Jul 2022

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

High Court

Bombay High Court Allows Writ Petition Challenging Co-operative Society Recovery Proceedings — Petitioner Not Given Opportunity of Hearing Before Attachment of Property. Recovery under Section 101 of Maharashtra Co-operative Societies Act, 1960 must comply with natural justice; failure to give hearing vitiates attachment order.

13 Jun 2018

The petitioner, Sunil Sitaram Mahajan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 1st February 20...

High Court

Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

5 Jun 2017

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

High Court

Bombay High Court Allows Petitioner to Redeem Mortgage in Co-operative Bank Recovery Proceeding — Auction Sale Set Aside Due to Non-Compliance with Section 101 of Maharashtra Co-operative Societies Act, 1960. Court held that the bank failed to follow the mandatory procedure under the Act and the recovery certificate was not properly executed, entitling the petitioner to redeem the property by paying the outstanding dues.

20 Jul 2006

The petitioner, Niranjan D. Woody, owned a plot of land in Santacruz with a building containing a residential flat and eight tenants. He availed an ov...

High Court

Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

30 Nov -0001

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

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