Search Results for "purchaser presence"

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
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Search Results for "purchaser presence"

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Supreme Court

Agreement to Sell Not a Deemed Conveyance Without Transfer of Possession | Tenant’s Possession Not Sufficient | Supreme Court (2026 INSC 59)

15 Jan 2026

The Supreme Court allowed the civil appeal filed by Vayyaeti Srinivasarao and set aside the judgment of the High Court, which had affirmed the Trial C...

Supreme Court

Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

9 Jul 2024

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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 Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

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...

Supreme Court

Supreme Court Upholds Consumer Commission Order Directing Builder to Refund Amount with Interest in Flat Possession Delay Case. Builder's Appeal Dismissed as Subsequent Purchaser Entitled to Interest from Deposit Dates Under Consumer Protection Act, 1986, Despite Force Majeure Claims.

22 Jul 2021

The dispute arose from a consumer complaint filed by the purchaser against the builder for delayed possession of a residential flat. The original allo...

High Court

Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Addition of Petitioner as Defendant No.2 Upheld Under Order I Rule 10 CPC to Avoid Multiplicity of Proceedings and Effectuate Decree.

1 Feb 2019

The petitioner, M/s Manidhari Air Products, challenged an order of the trial court allowing an application under Order I Rule 10 read with Section 151...

High Court

Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Trial Court's Discretion to Add Petitioner as Defendant No.2 Under Order I Rule 10 CPC Upheld to Avoid Multiplicity of Proceedings.

1 Feb 2019

The petitioner, M/s Manidhari Air Products, challenged the order of the Civil Judge, Senior Division, Chandrapur, allowing an application filed by res...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

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