Search Results for "foreclosure decree"

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Search Results for "foreclosure decree"

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Supreme Court

Supreme Court Allows Appeal in Mortgage Redemption Suit, Reinstating Decree for Redemption. Purchaser from Mortgagor Held Necessary Party in Foreclosure Suit Under Order XXXIV Rule 1 CPC, and Right to Redeem Not Extinguished by Decree Against Original Mortgagors Under Section 60 of Transfer of Property Act, 1882.

17 Aug 2021

The dispute arose from a mortgage redemption suit involving land mortgaged in 1954. The plaintiff purchased the mortgaged land via registered sale dee...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

High Court

Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

5 May 2017

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...

High Court

Bombay High Court Dismisses Union of India's Second Appeal in Property Ownership Dispute. Plaintiff's Ownership Upheld Based on Concurrent Findings of Fact Under Section 100 CPC.

31 Jul 2018

The case involves a second appeal filed by the Union of India and other defendants against the judgment of the appellate court which declared the resp...

High Court

Bombay High Court Allows Redemption of Mortgage Despite Delay in Filing Final Decree Application — Limitation Not Applicable to Order 34 Rule 8 CPC Proceedings. The court held that an application for final decree of redemption is a step in the suit and not an independent proceeding, hence not subject to limitation under the Limitation Act, 1963.

2 Aug 2018

The case involves a second appeal against the judgment of the 2nd Additional District Judge, Satara, which allowed the respondent's appeal and set asi...

High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

High Court

Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

31 Jan 2026

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

5 Mar 2014

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...

Supreme Court

Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

17 Aug 2023

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

Supreme Court

Supreme Court Sets Aside NCDRC Order : No Privity of Contract Between Parties, Respondent Not a ‘Consumer’ Under Consumer Protection Act, 1986. Court Holds No Tripartite Agreement Proven, Respondent Not Entitled to Compensation Under Consumer Protection Act, 1986

20 Mar 2025

Privity of Contract Essential for Consumer Status: The Court reiterated that for a person to qualify as a ‘consumer’ under the CPA, t...

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