Monday, November 30, 2020

Decree of possession – A decree of possession does not automatically...

 "A decree of possession does not automatically follow a decree of declaration of title and ownership over property. "   SUPREME COURT OF INDIA DIVISION BENCH NAZIR MOHAMED...

Pleas Of Title And Adverse Possession Cannot Be Advanced Simultaneously ...

The Supreme Court has observed that plea of title and adverse possession cannot be advanced simultaneously and from the same date.  "We fail to appreciate...

Transfer of Property Act, 1882 – Section 53A – Defence under...

  SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. M/S. K.C. SHARMA AND CO. AND OTHERS — Respondent ( Before : Ashok Bhushan, R....

Memorandum of settlement – A family settlement was arrived at in...

  SUPREME COURT OF INDIA DIVISION BENCH RAVINDER KAUR GREWAL AND OTHERS — Appellant Vs. MANJIT KAUR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ....

Adverse Possession – The Special Courts and Tribunals, indisputably are entitled...

2009(2) LAW HERALD (SC) 1045 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Asok Kumar Ganguly The Hon’ble Mr. Justice...

Easement right–A right of easement can be declared only when the...

Before The Hon’ble Mr. Justice R. V. Raveendran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos.5798-5799 Of 2008 Bachhaj Nahar v. Nilima Mandal {Decided on 23/09/2008} Important Point...

Registration of Family settlement is not Necessary

SUPREME COURT OF INDIA Before:- Kurian Joseph and R. Banumathi, JJ. Civil Appeal No. 5805 of 2016 (Arising out of SLP(C) No. 27268 of 2008). D/d....

Housing – Recovery of amount of interest – Noida and Greater...

  SUPREME COURT OF INDIA DIVISION BENCH BIKRAM CHATTERJI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,...

West Bengal Cooperative Societies Rules, 2011 – Rule 133(1) – Membership...

SUPREME COURT OF INDIA DIVISION BENCH SK JALALUDDIN AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman and Vineet...

Once A Mortgage, Always A Mortgage’ – Right To Redeem Mortgage...

Section 90 of the Indian Trusts Act, 1882 casts a clear obligation on the mortgagee to hold any right acquired by him in the...

Burden To Prove That The Property Is A Joint Property Of...

Burden To Prove That The Property Is A Joint Property Of An HUF Is On The Person Who Asserts So: SC LIVELAW NEWS NETWORK 4...

Registration Act, 1908 – Section 17, 17(1)(b), 17(1) and 17(2)(v) –...

  SUPREME COURT OF INDIA DIVISION BENCH GURCHARAN SINGH & ORS. — Appellant Vs. ANGREZ KAUR & ANR. — Respondent ( Before : Ashok Bhushan and Navin Sinha JJ. ) Civil...

A plea of adverse possession is founded on the acceptance that...

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 190 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 16321 OF 2011) SHRI UTTAM CHAND (D)...

…….condition in the gift deed that the donee shall not alienate...

Condition Restraining Alienation Of Property By Donee In A Gift Deed Is Void: SC Ashok Kini 11 Feb 2020 4:30 PM The Supreme Court has observed...

Compromise Decree Which Does Not Take In Property That Is Not...

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC LIVELAW NEWS NETWORK 5 Feb 2020...

Registration Act, 1908 – Sections 31, 88, 89, 32, 34 and...

SUPREME COURT OF INDIA DIVISION BENCH H.P. PUTTASWAMY — Appellant Vs. THIMMAMMA AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal No. 3975...

Benami Transactions (Prohibition) Act, 1988 – Sections 3 and 4 –...

SUPREME COURT OF INDIA DIVISION BENCH M/S FAIR COMMUNICATION AND CONSULTANTS AND ANOTHER — Appellant Vs. SURENDRA KERDILE — Respondent ( Before : Indira Banerjee and S. Ravindra Bhat,...

“The order in terms of the Settlement Agreement is executable irrespective...

Disputes About Properties Which Are Not Subject Matter Of Litigation Can Be Settled In Mediation: SC BY: ASHOK KINI25 Nov 2019 7:56 PM "The order...

Madras Forest Act, 1882 – Sections 6, 8 and 25 –...

SUPREME COURT OF INDIA DIVISION BENCH THE GOVERNMENT OF TAMIL NADU & ANR. ETC. ETC. — Appellant Vs. ARULMIGHU KALLALAGAR THIRUKOIL ALAGAR KOIL & ORS. ETC. ETC. —...

Displaced Persons (Compensation & Rehabilitation) Act, 1954 – Section 16 –...

SUPREME COURT OF INDIA DIVISION BENCH RAMESH PARSRAM MALANI AND OTHERS — Appellant Vs. STATE OF TELANGANA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant...

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