Supreme Court of India Judgements

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Category: Property Matters

Property Matters

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

2024 INSC 372 SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA NATH SORAL AND ANOTHER — Appellant Vs. RAVINDRA NATH SORAL AND OTHERS — Respondent ( Before : Rajesh Bindal and…

Joint Family Property Matrimonial Property Matters

Suit for Partition – The Court found that ‘C’ remarriage extinguished her rights to her first husband’s property, and she could not pass on any title to the plaintiff – The Court applied the Hindu Widow’s Remarriage Act, 1856, and relevant case law to determine the impact of Chiruthey’s remarriage on her property rights – The Supreme Court concluded that the plaintiff could not inherit the property through ‘C’, as her rights were nullified upon remarriage, and the deeds did not confer valid title.

Apr 14, 2024 sclaw

2024 INSC 287 SUPREME COURT OF INDIA DIVISION BENCH KIZHAKKE VATTAKANDIYIL MADHAVAN (DEAD) THR. LRS. — Appellant Vs. THIYYURKUNNATH MEETHAL JANAKI AND OTHERS — Respondent ( Before : Aniruddha Bose…

Property Matters

“Family Feud Over Property: Kamla Nagar Goes to One Side, Malcha Marg to the Other” – The court analyzed the Registration Act’s requirements for documenting transfers of property rights and concluded that the lack of registration indicated no settlement existed – The Supreme Court set aside the High Court’s judgment regarding the Kamla Nagar property, restoring the Trial Court’s decision and confirming the appellants’ sole ownership – The decision regarding the Malcha Marg property was upheld, leaving it exclusively to the respondents.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JUGAL KISHORE KHANNA(D) THR LRS AND ANOTHER — Appellant Vs. SUDHIR KHANNA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah,…

Property Matters

Property Dispute – The case involves disputes over property ownership after the original owner, ‘S’, passed away in 1947 – The Court found no foundation for the plea of adverse possession in the plaintiff’s claim, as the necessary facts were not adequately pleaded or proved – The appeals were dismissed, with the Court upholding the original decrees and granting the appellant time until March 31, 2025, to vacate the property, subject to certain conditions.

Mar 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. RADHESHYAMLAL — Appellant Vs. V SANDHYA AND ANOTHER ETC. — Respondent ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. ) Civil…

Property Matters

Land Dispute – Appeal Against High Court Order – The appellant challenges the High Court’s decision to quash a resolution for land allocation for a new primary school – The dispute involves land needed for a highway project, leading to the demolition and proposed relocation of a school – Respondents filed multiple writ petitions, with the latest being dismissed due to concealment of previous petitions and lack of notice to parties – The Supreme Court finds the High Court’s order arbitrary and sets it aside, allowing the appeal and the school’s construction on the disputed land.

Mar 12, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNEETA DEVI — Appellant Vs. AVINASH AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(s). of…

Property Matters

Punjab Pre-emption Act, 1913 – Section 8(2) – Right to pre-emption – It has been issued in exercise of powers conferred under Section 8(2) of the 1913 Act, which enables the State Government to declare by notification either no right of pre-emption or only limited right will exist in any local area or with respect to any land or property or class of land or property – it is abundantly clear that the land and the immovable property are two different terms. The immovable property is more than the land on which certain construction has been made. Guidance can also be taken from the definition of immovable property, as provided in Section 3(26) of the General Clauses Act, 1897, which includes land, means something more than the land.

Feb 18, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGMOHAN AND ANOTHER — Appellant Vs. BADRI NATH AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. ) Civil Appeal…

Property Matters

Property Dispute – Dispute over illegal demolition – Settlement discussions ensued between the complainants and accused, resulting in compensation to the tenants – The tenants withdrew their complaint, seeking quashing of proceedings – The Supreme Court allowed the petitions, ordering police personnel to pay compensation to the tenants, and quashing the proceedings upon depositing the specified amounts in a fund

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHATRUGHNA ATMARAM PATIL AND OTHERS — Appellant Vs. VINOD DODHU CHAUDHARY AND ANOTHER — Respondent ( Before : Vikram Nath and Satish Chandra Sharma,…

Adverse Possession Property Matters

Property Law – Whether the appellant, who purchased a plot of land through a registered sale deed in 1966, is entitled to possession of the land or whether the respondents, who claim to have been in possession since 1944, have acquired title through adverse possession – The Supreme Court allowed the appeal, set aside the judgment of the High Court, and restored the decree of the First Appellate Court in favor of the plaintiff appellant – The Court held that the plaintiff appellant was the rightful owner of the land and that the defendant respondents’ possession was not adverse.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BRIJ NARAYAN SHUKLA (D) THR. LRS. — Appellant Vs. SUDESH KUMAR ALIAS SURESH KUMAR (D) THR. LRS. AND OTHERS — Respondent ( Before :…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw