Search Results for "encumbrance certificate"

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Search Results for "encumbrance certificate"

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High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

High Court of Karnataka Quashes Sub-Registrar's Refusal to Delete Agreement of Sale Entry from Encumbrance Certificate. Sub-Registrar Has No Power to Make Entries of Unregistered Agreements of Sale Under Registration Act, 1908, and Cannot Refuse Deletion.

4 Jan 2024

The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

High Court

High Court Allows Writ Petition Seeking Mandamus to Sub-Registrar for Recording Cancellation of Registered Documents - Sub-Registrar's Refusal to Act on Civil Court Decree Quashed as Arbitrary and Contrary to Statutory Duty. Court Held Registering Authority's Function is Ministerial Under Section 31(2) of Specific Relief Act, 1963 and Rule 123 of Karnataka Registration Rules, 1965, and Certified Copy of Decree is Conclusive Proof Requiring Implementation Without Insisting on Formal Court Communication.

25 Mar 2026

The dispute originated from a property development arrangement where the petitioner, claiming absolute ownership of the suit schedule property, execut...

Supreme Court

Supreme Court Allows Official Liquidator's Appeal in Property Tax Dispute — Municipal Corporation Cannot Claim Taxes After Winding Up Order Without Prior Adjudication. Held that property tax and water tax claims against company in liquidation are not 'taxes due' under Section 530(1)(a) of Companies Act, 1956 unless assessed and quantified before winding up.

4 May 2023

The case involves an appeal by the Official Liquidator of IISCO Ujjain Pipe and Foundry Company Limited (in liquidation) against a judgment of the Cal...

Supreme Court

Supreme Court Allows Appeals in Co-operative Society Recovery Case, Restoring Auction Sale. The High Court's order setting aside the auction sale was quashed due to borrower's failure to demonstrate substantial injury and non-compliance with procedural rules under the Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.

16 Feb 2022

The dispute arose from recovery proceedings initiated by a co-operative bank against a borrower, Vaishnavi Hatcheries Company Limited, and its directo...

High Court

Bombay High Court Dismisses Appeal Against Attachment of Property Under Maharashtra Co-operative Societies Act — Rule 107 Compliance Upheld. Court held that the Recovery Officer's jurisdiction to attach property under Section 156 read with Rule 107 of the Maharashtra Co-operative Societies Rules, 1961 is valid even if the debtor resides outside the officer's jurisdiction, provided the property is situated within it.

4 Sep 2006

The case involves an appeal against an order of attachment of property under the Maharashtra Co-operative Societies Act, 1960. The appellants, Sunil S...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Enemy Property Tax Exemption Case — Property Tax Levyable on Lessee Despite Union Ownership. Article 285(2) of Constitution Enables Municipal Corporation to Impose Property Tax on Lessee of Union Property Even if Union Itself is Exempt Under Article 285(1).

22 Feb 2024

The present civil appeal arises from a judgment of the Allahabad High Court which allowed a writ petition filed by the respondent-assessee, holding th...

High Court

Madras High Court Quashes Tax Demand Against Auction Purchaser in TNVAT Recovery Case — Priority of Crown Debt Over Mortgagee's Right. The court held that a bona fide auction purchaser who buys property through a mortgagee's sale under Section 69 of the Transfer of Property Act, 1882 takes the property free of all encumbrances, including subsequent tax demands under Section 24 of the Tamil Nadu Value Added Tax Act, 2006.

21 Jan 2025

The petitioner, D.K. Sadasivam, was the successful purchaser of a property (S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharm...

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