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Punjab Land Revenue Act, 1887 – Sections 118 and 121 – Partition – When a decision is taken by the Revenue Officer under Section 118 on the question as to the property to be divided and the mode of partition, the rights and status of the parties stand decided and the partition is deemed to have completed – At this stage, such decision is required to be treated as the “decree”
Bysclaw
Apr 22, 2023By sclaw
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Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.
May 5, 2024
sclaw
“Jalkar vs. Private Ownership: Supreme Court Settles Dispute Over Pond Land in Bihar” Bihar Consolidation of Upholdings and Prevention of Fragmentation Act, 1956 – Section 37 – Bar of jurisdiction of Civil Courts – The dispute involves 0.32 decimal of land in Bihar, originally settled by ex-landlord ‘R’ to ‘M’, and then allegedly inherited by the plaintiff-appellant through adoption – The main issue is the possession and confirmation of the plaintiff’s possession over the land, which was challenged by the State authorities claiming the land as state-owned pond land (jalkar) – The plaintiff-appellant claims continuous possession since the land was settled to ‘M’ and asserts that the Consolidation Officer’s order confirming his title should be respected – The State of Bihar contends that the land is pond land and cannot be settled to the plaintiff-appellant, and that the civil suit is not maintainable due to the bar under Section 37 of the Consolidation Act – The Supreme Court set aside the appellate courts’ judgments, restored the trial court’s decree, and confirmed the plaintiff-appellant’s title and possession of the land – The Court found that the appellate courts erred in ignoring the final and conclusive order of the Consolidation Officer, which recognized the plaintiff-appellant’s rights – The Court reasoned that the Consolidation Officer’s order, which became final, should have been given effect to, and the Civil Court’s jurisdiction is impliedly excluded in such matters – The Supreme Court concluded that the civil suit for declaration of rights over the land is not barred by Section 37 of the Consolidation Act, and the plaintiff-appellant’s rights stand recognized by the consolidation authorities.
May 5, 2024
sclaw
“Supreme Court Clarifies State’s Power to Levy Stamp Duty on Insurance Policies” Stamp Act, 1899 – Rajasthan Stamp Law (Adaptation) Act, 1952 – Power to levy and collect stamp duty – The primary issues are the legislative competence of the State to levy stamp duty on insurance policies and the applicability of the Rajasthan Stamp Law (Adaptation) Act, 1952 or the 1998 Act – LIC contends that the state lacks legislative competence to impose stamp duty on insurance policies and challenges the demand for stamp duty payment for policies issued using stamps purchased from Maharashtra – The State of Rajasthan argues that it has the power to collect stamp duty on insurance policies under Entry 44 of List III, as per the rate prescribed by the Parliament under Entry 91 of List I – The Supreme Court dismissed the appeals, upheld the High Court’s judgment, and affirmed the state’s power to levy stamp duty. However, it directed that the state shall not demand and collect the stamp duty as per the orders dated between 1993-94 and 2001-02 – The Court reasoned that the state has the legislative competence to impose and collect stamp duty on insurance policies, and the 1952 Act applies to the case – The Court analyzed the constitutional provisions and previous judgments to conclude that the state can impose stamp duty using rates prescribed by the Parliament – The Supreme Court concluded that while the state’s power to levy stamp duty is upheld, the specific demands for stamp duty payment in this case were set aside due to the circumstances presented.
May 5, 2024
sclaw