Search Results for "foreclosure suit"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "foreclosure suit"

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Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Dismisses Revision Applications Challenging Rejection of Plaint Return in Suit for Specific Performance. Court holds that valuation of suit for purposes of jurisdiction is determined by the market value of the property, not the consideration amount, and that the trial court's finding on valuation is a finding of fact not liable to interference in revision.

23 Jan 2023

The judgment arises from two Civil Revision Applications challenging a common order dated 22.04.2022 passed by the learned Joint Civil Judge, Senior D...

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 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 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 Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

11 Aug 2014

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

Bombay High Court Dismisses Petitions Challenging Foreclosure of Contracts for Space Under Flyovers by MSRDC. Contractual Termination Upheld Due to Breach of Terms and Public Interest.

20 Jun 2013

The judgment involves multiple writ petitions filed by contractors challenging the foreclosure of contracts by the Maharashtra State Road Development ...

Supreme Court

Supreme Court Upholds Appeal and Dismisses Foreclosure Suit Due to Improper Joinder and Limitation Bar. Court Reverses High Court's Addition of Plaintiffs and Defendants Under Order 1 Rule 10 CPC as the Added Parties' Claims Were Time-Barred Under Section 22 of the Indian Limitation Act, 1908.

18 Apr 1966

The dispute arose from a mortgage executed in 1934 in the former State of Hyderabad. The mortgage amount became due in 1943. The first respondent, cla...

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