Property Matters Archives - Page 11 of 18 - Supreme Court of India Judgements

Land and Property Law–Allotment of Plot–Cancellation of–Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons–Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein–Defect in allotment made in original allottee’s favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee

Jan 17, 2019 sclaw

2009(1) LAW HERALD (SC) 228 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 9 of 2009…

Property Matters

Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner

Jan 8, 2019 sclaw

2018(4) Law Herald (SC) 3416: 2018 LawHerald.Org 1949 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal Nos. 11761-11762…

Property Matters

Gift Deed—Cancellation of—When a gift is incomplete and title remains with the donor then deed of gift can be cancelled. Gift Deed—A conditional gift becomes complete only on compliance of the conditions in the deed

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3314 : 2018 LawHerald.org 1796 THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Amn Mishra Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 10785 of…

Property Matters

Surrender of site-Penalty–Demand for the balance penalty was made after more than 2 years and 6 months of the acceptance of surrender of the site–Demand quashed.

Dec 14, 2018 sclaw

2010(2) LAW HERALD (SC) 748 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 1640 of…

Property Matters

Registration of Sale deed–Power of Attorney sales instead of execution and registration of regular sale deeds– Any process which interferes with regular transfers under deeds of conveyance properly stamped, registered and recorded in the registers of the Registration Department, is to be discouraged and deprecated.

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Special Leave Petition (C) No. @…

Property Matters

Specific Performance—Contract to Build—Suit by builder against the owner of premises for specific performance of a development agreement is maintainable

Nov 19, 2018 sclaw

2018(4) Law Herald (SC) 2642 : 2018 LawHerald.Org 1621 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A M Khanwilkar Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil…

Property Matters

Delay and laches–Enormous delay of more than 30 years on the part of the respondent in approaching the Court–Merely giving representation neither extend the limitation nor wipe out the delay and laches.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 116 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 4185 of 2006…

Property Matters

Agreement to Sell—The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance

Nov 6, 2018 sclaw

2018(3) Law Herald (SC) 1852 :2018 LawHerald.Org 1263 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal No. 5012…

Property Matters

Registration—Unregistered document—Unregistered documents which required compulsorily registration can be looked into for collateral purpose provided appellant pay stamp duty together with penalty and get document impounded.

Nov 4, 2018 sclaw

2018(3) Law Herald (SC) 1775 :2018 LawHerald.Org 1112 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 3171 of…

Property Matters

Suit for Possession—Suit against forcible dispossession is summary in nature and no appeal lies against such orders.

Oct 30, 2018 sclaw

2018(3) Law Herald (SC) 2299 : 2018 LawHerald.Org 1487 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Ms. Justice Indu Malhotra Special…

Unauthorised Possession—To prove that the possession is legal, prima facie plaintiff has to prove that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner

Gift Deed—Cancellation of—When a gift is incomplete and title remains with the donor then deed of gift can be cancelled. Gift Deed—A conditional gift becomes complete only on compliance of the conditions in the deed

Surrender of site-Penalty–Demand for the balance penalty was made after more than 2 years and 6 months of the acceptance of surrender of the site–Demand quashed.

Specific Performance—Contract to Build—Suit by builder against the owner of premises for specific performance of a development agreement is maintainable

Delay and laches–Enormous delay of more than 30 years on the part of the respondent in approaching the Court–Merely giving representation neither extend the limitation nor wipe out the delay and laches.

Agreement to Sell—The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance

Registration—Unregistered document—Unregistered documents which required compulsorily registration can be looked into for collateral purpose provided appellant pay stamp duty together with penalty and get document impounded.

Suit for Possession—Suit against forcible dispossession is summary in nature and no appeal lies against such orders.

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High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Supreme Court of India Judgements

Category: Property Matters

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