Property Matters Plot in question was reserved/earmarked for public convenience for the residents of the locality/colony which could not have been allotted in favour of individual and that the construction put up by the petitioner was absolutely illegal and unauthorised, November 27, 2022 sclaw
Property Matters Allotments of flats – the entire controversy can be set at rest on the understanding that 844 members of the Respondent-Society shall be provided with apartments, admeasuring about 1800 square feet, as stated by NOIDA in its affidavit filed pursuant to the order dated 23.8.2021 passed by this Court September 22, 2022 sclaw
Property Matters Urban Land (Ceiling and Regulation) Act, 1976 – Section 10(1), 10(3) and 10(5) – Once the land stood vested with the Government compensation paid no justification for the appellants to claim deemed possession of the subject land in question and even if they are in physical possession, no right could be claimed in reference to the subject land by the appellants. September 12, 2022 sclaw
Property Matters Flat-owners had the benefit of staying in the flats for a period of 8-9 years on an average HELD Flat-owners are not entitled for any interest on the amounts paid by them to the builders. May 16, 2022 sclaw
Property Matters HELD Since the appellant has deposited a total sum of Rs.3,84,546/ (including interest) against the total value/cost of Rs.2,70,000/.the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside. May 16, 2022 sclaw
Property Matters In proceedings initiated under the Urban Land Ceiling Act, 1978 the possession of excess urban land was taken over well before the Repeal Act came into force. In the premises, the Writ Petition filed by the present Review Petitioner was found to be without any substance March 19, 2022 sclaw
Property Matters HELD In the event, the appellant-Society is required to replace the present developer, while entering into a development agreement with the new developer, a clause shall be added therein incorporating an undertaking of the new developer that he shall abide by the directions contained in this Order. February 20, 2022February 20, 2022 sclaw
Property Matters Madhya Pradesh Public Trusts Act, 1951 – Sections 14 and 36 – Madhya Pradesh Trust Rules, 1962 – Rule 9 – Sanction for disposal of trust property – Aim of public control is to ensure that the trust is administered efficiently and smoothly – State interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken February 5, 2022 sclaw
Property Matters Transfer of Property Act, 1882 – Sections 122 and 123 – Contract Act, 1872 – Section 16(3) – Gift deed – Ordinarily, no one is expected to sign or execute a document without knowing its contents, but if it is pleaded that the party executing the document did not know the contents thereof then it may, in certain circumstances, be necessary for the party seeking to prove the document to place material before the court to satisfy it that the party who executed the document had the knowledge of its contents January 29, 2022 sclaw
Property Matters Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) – Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85 December 16, 2021 sclaw
