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DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Allahabad Bank – Appellant
Versus
Shipra Pandey – Respondent
| Table of Content |
|---|
| 1. refund entitlement due to defects in title (Para 1 , 3 , 4 , 5) |
| 2. appellant's denials of responsibility (Para 6 , 7) |
| 3. bank's obligation to disclose defects in title (Para 8 , 9 , 10) |
| 4. judicial reliance on precedent regarding disclosures (Para 11 , 18 , 19) |
| 5. defective due diligence by respondent (Para 12 , 13 , 14 , 16 , 17) |
| 6. change in circumstances affects entitlement to a refund (Para 20 , 21 , 24) |
| 7. claim of additional loss by respondent (Para 22 , 23) |
| 8. conclusion on the impact of changed facts on the case (Para 26 , 27) |
| 9. final decision to reverse previous ruling (Para 28) |
JUDGMENT
Vipin Sanghi, J. (Oral)--This Letters Patent Appeal is directed against the judgment dated 24.07.2019 passed by the learned Single Judge in W.P.(C.) No.3984/2018 preferred by the respondent No.1. By the impugned judgment, the learned Single Judge allowed the said writ petition and held that the respondent No.1/writ petitioner was entitled to refund of the sale amount of Rs.1,33,45,000/-. The learned Single Judge also directed that the respondent No.1 shall be entitled to refund of the expenditure incurred by her on e-stamp duty to the tune of Rs.5,30,800/- and a further amount o
A seller in a property auction must disclose encumbrances; failure to do so can lead to liability, but changed circumstances may alter obligations.
The duty of the authorized officer to disclose material defects in the property's title overrides the defense of selling the property 'as is where is'. However, after a change in the fundamental scen....
The duty of the bank to disclose encumbrances and material defects in the title of the auctioned property, as mandated by Rule 8(6)(f) of the Security Interest (Enforcement) Rules, 2002, and the requ....
A Sale Certificate issued by a third party assignee in contravention of a restraint order is void ab initio and cannot be given effect to.
The main legal point established in the judgment is the maintainability of a writ petition under Article 226 despite the availability of an alternative remedy, based on the peculiar facts of the case....
A secured creditor, who got registration of security interest, has priority in the matter of payment of the dues over all other debts and all revenues, taxes, cesses and other rates payable to the Ce....
Point of Law : Jurisdiction under Article 226 is a valuable constitutional safeguard against an arbitrary exercise of state power or a misuse of authority.
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