Search Results for "possession transfer"

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Search Results for "possession transfer"

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Supreme Court

Supreme Court Dismisses Appeal Against Impounding of Agreements to Sell Under Maharashtra Stamp Act — Agreements Not Part of Single Transaction, Possession Transferred, Deemed Conveyance Under Explanation I to Article 25 of Schedule I.

4 Oct 2024

The appellants, Shyamsundar Radheshyam Agrawal and another, filed a suit for declaration and injunction in Special Civil Suit No.200 of 2008. During t...

High Court

Bombay High Court Dismisses Developer's Challenge to Stamp Duty Demand on Development Agreements — Agreements Held to be Conveyance Under Bombay Stamp Act. The Court ruled that development agreements granting authority to sell flats at developer's discretion and coupled with possession transfer constitute conveyance under Sections 2(g), 2(l) read with Explanation-I of Article 25 of the Bombay Stamp Act, 1958.

5 Aug 2026

The petitioner, a developer partnership firm, entered into two development agreements dated 20.08.1987 and 27.03.1987 with a co-operative housing soci...

Supreme Court

Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

4 May 2023

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

High Court

Bombay High Court Allows Transfer of Vehicle Ownership in Favor of Auction Purchaser Despite Pending Tax Dues. Held that the transferee cannot be saddled with prior tax liabilities of the transferor under Section 50 of the Motor Vehicles Act, 1988.

6 Apr 2021

The petitioner, Raman Roadways Private Limited, a private limited company engaged in transportation business, filed a writ petition under Article 226 ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

31 Jul 2019

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

High Court

High Court of Karnataka Dismisses Defendant's Challenge to Stamp Duty on Sale Agreements — Recital of Possession Handed Over Attracts Conveyance Duty Under Article 5(e)(i) of Karnataka Stamp Act. Possession Delivered Under Agreement to Sell Attracts Same Duty as Conveyance Even if Purchaser Already in Possession.

9 Oct 2020

The writ petition arose from an interlocutory order in O.S. No.17/1999, a suit for declaration that two sale agreements dated 30.03.1996 were concocte...

High Court

Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

19 Dec 2013

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

6 Mar 2014

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

High Court

Bombay High Court Declares Deed of Transfer Null and Void in Insolvency Case — Official Assignee Permitted to Take Possession of Flats Transferred After Adjudication as Insolvent. The court held that under Section 17 of the Presidency Towns Insolvency Act, 1909, property vests in the Official Assignee upon adjudication, and any transfer by the insolvent thereafter is void.

19 Mar 2024

The Official Assignee filed a report seeking directions regarding two flats (E-901 and E-905) situated in Pune, which were transferred by the Insolven...

High Court

Bombay High Court Allows Society's Possession Claim in Tenant Copartnership Housing Society Dispute — Transfer of Flat Without Consent Invalid Under Bye-Laws and Maharashtra Cooperative Societies Act, 1960. The court held that the petitioner, claiming through an invalid transfer, is in illegal occupation and liable to be evicted.

7 Jul 2015

The writ petition was filed by Tedco Exports Pvt. Ltd. challenging the order of the Maharashtra State Cooperative Appellate Court which allowed the ap...

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