Search Results for "prior mortgage"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...

Search Results for "prior mortgage"

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

High Court

Bombay High Court Allows Petitioner in Stamp Duty Dispute — Single Mortgage Deed Covering Multiple Loan Agreements Constitutes One Instrument Under Section 4 of Maharashtra Stamp Act, 1958. Revisional Authority's Order Levying Deficit Stamp Duty and Penalty Quashed as Loan Agreements Were Ancillary to Principal Mortgage Deed.

23 Dec 2025

The petitioner, Neepa Real Estates Pvt. Ltd., and its group company Sheth Creators Pvt. Ltd., engaged in real estate, sought financial assistance from...

High Court

High Court of Judicature at Bombay Admits Multiple Writ Petitions and Issues Rule — Petitioners seek legal remedy against respondents in civil dispute.

25 Apr 2025

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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...

High Court

Bombay High Court Dismisses Petition Challenging Government Resolution Prescribing Fees for Permission to Mortgage Occupancy Class II Lands. Condition Imposing Payment of Fees Held Valid Under Section 43 of Maharashtra Land Revenue Code, 1966 and Not Violative of Article 14 of Constitution of India.

29 Aug 2022

The petitioner, BILT Graphic Paper Products Limited, a company incorporated under the Companies Act, 1956, engaged in paper manufacturing, challenged ...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

High Court

High Court of Judicature at Bombay Dismisses Appeals by Bank in Securitisation Act Case Regarding Maintainability of Civil Suits — The Court Examines Whether Plaints Against Bank Are Barred Under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

26 Oct 2018

The litigation arose from a batch of five civil suits filed by several plaintiffs against M/s. Orbit Corporation Ltd. and Axis Bank Limited, concernin...

High Court

High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

27 Apr 2018

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...

High Court

Bombay High Court Allows Mortgagee's Suit for Arrest and Sale of Vessel in Admiralty Jurisdiction — Mortgage Debt Secured by Vessel Held Enforceable Despite Change of Ownership. The court held that a valid mortgage creates a maritime lien enforceable in rem, and subsequent change of ownership does not affect the mortgagee's rights.

18 Jul 2005

The plaintiffs, Dallah Albaraka Investment Co. Ltd., filed an admiralty suit in the Bombay High Court seeking enforcement of a mortgage over the vesse...

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