Supreme Court of India Judgements

46054 Judgements hosted as on 15/11/2023 - Search (FREE), Subscribe, Read & Download

Category: Property Matters

C P C Property Matters

Partition Suit – In case any property in possession of any of the co-sharers comes to his share it can very well be protected – Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S MULTICON BUILDERS — Appellant Vs. SUMANDEVI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

Property Matters

In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation – Appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road – Appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI — Respondent ( Before : Vikram Nath and…

Joint Family Property Property Matters Will & Succession

A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. — Appellant Vs. E. VANAJA AND OTHERS — Respondent ( Before : B.R. Gavai, Hima Kohli and Prashant…

Property Matters

Allotment of plot – Public auction – Defaults and failure to pay installment/balance payment – Earnest money paid by the respondent will be forfeited and will not be refunded – Rs.4,15,000/- (Rupees four lakhs fifteen thousand only), less the earnest money deposited by Respondent, will be refunded to him with simple interest at the rate of 8% per annum with effect from 01.01.2001

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAMMU DEVELOPMENT AUTHORITY — Appellant Vs. S. PARAMJEET SINGH AND ANOTHER — Respondent ( Before : Sanjiv Khanna and S.V.N. Bhatti, JJ. ) Civil…

Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 – Actionable claim – In terms of Section 3 of the TPA, actionable claim means (a) claim to an unsecured debt (other than a debt secured by mortgage of immovable property, hypothecation or pledge (b) beneficial interest in a movable property – Both these are recognised as enforceable – Other claims, however, do not fall within the expression “actionable claim”.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INFRASTRUCTURE LEASING AND FINANCIAL SERVICES LTD. — Appellant Vs. HDFC BANK LTD. AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Banking Property Matters SARFAESI

(SARFAESI) – Section 13(8) – Transfer of Property Act, 1882 – Section 60 – Redemption of mortgage – Failure on the part of the borrower in tendering the entire dues including the charges, interest, costs etc. before the publication of the auction notice as required by Section 13(8) of the SARFAESI Act, would also sufficiently constitute extinguishment of right of redemption of mortgage

Oct 1, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CELIR LLP — Appellant Vs. BAFNA MOTORS (MUMBAI) PVT. LTD. AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI. and J.B.…

Property Matters

Dispute over the allocation of a residential plot to Mr. ‘K’ and subsequent attempts to cancel the sale deed – Arbitration -‘K’ successors challenged this decision in a writ petition, and the High Court ruled in their favor, finding that the society had failed to provide evidence of the alleged violations – The society appealed this decision, but this Court concluded that their appeal lacked merit and dismissed it.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PURUSHOTTAM BAGH SAHKARI AWAS SAMITI LTD. — Appellant Vs. SRI SHOBHAN PAL SINGH AND ANOTHER ETC. — Respondent ( Before : Abhay S. Oka…

Property Matters

By issuing the Resumption Notice, the Tahsildar admitted Writ Petitioners possession of the petition land. It is evident from the record that even before initiating proceedings for recovery, the possession of allotted land of an extent of acres 42.870 decimals is stated to have been given to IDCO by the State. It is also not clear whether the assignment in any manner overlaps with the petition land assigned to Vice Admiral Ganesh Prasad Panda. The State assumed the power of re-entry of the land settled on a higher pedestal and that the resumption of land in favour of the State as automatic – Appeal dismissed

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN-CUM-MANAGING DIRECTOR, INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION OF ORISSA, IDCO TOWER, JANAPATH, BHUBANESWAR, DISTRICT KHURDA, ODISHA — Appellant Vs. LATE SURGEON VICE ADMIRAL GP PANDA…

Property Matters Transfer Of Property Act

Considering the principles laid down in sub-section (4)(b) of Section 55 of the Transfer of Property Act Act, the seller will have a charge over the property subject matter of the sale for unpaid consideration and he can enforce the charge by filing a suit.

Aug 20, 2023 sclaw

SUPREME COURT OF INDIA Before: Abhay S. Oka & Rajesh Bindal, JJ. Civil Appeal No.10412 of 2013 Decided on: 31.07.2023 Yogendra Prasad Singh (Dead) through LRs – Appellants Versus Ram…

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Specific Performance

Specific Performance Of Re-Conveyance Deed Can’t Be Sought When Plaintiff Denies Defendant’s Title In Property

Dec 3, 2023 sclaw
Acquittal SC/ST

Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 – Sections 3(2)(v) and 14A(1) – – Acquittal -There must be an allegation that the accused not being a member of Scheduled Caste or Scheduled Tribe committed an offence under the IPC punishable for a term of 10 years or more against a member of the Scheduled Caste or Scheduled Tribe knowing that such person belongs to such ‘community’

Dec 2, 2023 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) – Section 306 – Abetment of Suicide – Acquittal – The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in the close proximity to the date of suicide – By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide

Dec 2, 2023 sclaw
I P C

Penal Code, 1860 (IPC) – Sections 302 and 34 – Murder – Applicability of Section 34 of the IPC – For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence

Dec 2, 2023 sclaw