Search Results for "usufruct"

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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...
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Search Results for "usufruct"

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High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Allows Petition Challenging Appellate Order in Inventory Proceedings — Usufructuary Heir's Right to Sale Proceeds Upheld. Court holds that a usufructuary heir is entitled to retain sale proceeds of inherited property during her lifetime, and the Inventory Court cannot direct deposit of such proceeds.

21 Nov 2011

The petitioner, Berta Antoneta Violeta Maria Dias, aged 87, filed a writ petition challenging the judgment dated 28/04/2011 of the learned Adhoc Distr...

Supreme Court

Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

10 Dec 1965

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...

High Court

Bombay High Court Dismisses Appeal by Judgment Creditor in Execution of Hong Kong Decree, Upholding Licensee's Right to Continue Occupation and Security Interest in Flat. Leave and License Agreement Creates a Charge and Right to Possession Until Security Deposit Refunded, Not Subject to Revocation Under Sections 59 and 60 of Indian Easements Act, 1882.

2 May 2006

The case involved an appeal against an order of a Single Judge who had allowed a Chamber Summons filed by Respondent No.2, ING Bank N.V., a licensee u...

Supreme Court

Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

16 Apr 2019

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

Supreme Court

Supreme Court Upholds Mortgagors' Right to Restoration of Land Under Debt Relief Act Despite Land Reforms Act Declaration. Land Reforms Act Declaration of Khalsa Land Did Not Extinguish Mortgagors' Rights When Occupants Were Not Tenants, Permitting Debt Adjustment and Land Restoration Under Saurashtra Agricultural Debtors Relief Act, 1954.

13 Feb 1969

The dispute concerned the interplay between the Saurashtra Land Reforms Act, 1951 and the Saurashtra Agricultural Debtors Relief Act, 1954. The respon...

High Court

Bombay High Court Dismisses Appeal by Spouse of Heir Seeking to Participate in Licitation in Inventory Proceedings. The right to bid in licitation under Article 1412 of Portuguese Civil Procedure Code, 1939 is limited to heirs and the moiety holder spouse, not extending to spouses of heirs.

13 Apr 2006

The case involves an appeal from an order dated 01.02.2006 in Inventory Proceedings No.310/2004/B for partitioning the estate of Andre Andrade. The wi...

Supreme Court

Supreme Court Dismisses Appeal by Subsequent Purchaser in Land Acquisition Case — Purchase After Section 4 Notification Confers No Right to Challenge Acquisition or Invoke Section 24 of 2013 Act.

14 Oct 2019

The Supreme Court considered whether a purchaser of land after issuance of a notification under Section 4 of the Land Acquisition Act, 1894 can invoke...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

High Court

Bombay High Court Allows Writ Petition in Inventory Proceedings Dispute — Clarifies Appointment of Cabeca-de-casal and Maintainability of Common Inventory for Spouses with Different Heirs. The court held that the lower courts had erred in their orders regarding the appointment of Cabeca-de-casal and the maintainability of a common inventory proceeding under the Portuguese Civil Code, 1867, as applicable in Goa.

24 Nov 2017

The case involves a Writ Petition under Articles 226 and 227 of the Constitution of India challenging two orders: one dated 13.10.2015 passed by the l...

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