Court Fee—Suit not to be rejected on ground of non-payment fee.
(2017) 177 AIC 7 : (2017) AIR(SCW) 3813 : (2017) AIR(SC) 3813 : (2018) 1 ALLMR 423 : (2017) 5 AllWC 4892 : (2017) 124 ALR 590 : (2017) 6…
Revenue Record—Entry of Possession—Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of person who was earlier recorded as in possession.
(2018) AIR(SCW) 761 : (2018) AIR(SC) 761 : (2018) 2 JT 91 : (2018) 1 LawHerald(SC) 271 : (2018) 1 Scale 671 : (2018) 2 SCC 647 SUPREME COURT OF INDIA DIVISION BENCH JAGTAR…
Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
(2016) 162 AIC 257 : (2016) AIR(SCW) 1969 : (2016) AIR(SC) 1969 : (2016) AllSCR 1279 : (2016) 2 BBCJ 124 : (2017) 3 CompLJ 44 : (2016) 2 GujLH…
Agreement to Sell-Specific Performance-Land was allotted to seller with a condition that it would not be transferred for 10 years-No decree of specific performance can be passed on such agreement to sell-Impugned order granting decree set aside-Earnest money to be refunded with 6% interest.
(2016) 160 AIC 257 : (2016) AIR(SCW) 737 : (2016) AIR(SC) 737 : (2016) AllSCR 421 : (2016) 2 AllWC 1615 : (2016) 116 ALR 558 : (2016) 2 AndhLD…
Once agricultural land loses its basic character and has been converted into authorized/unauthorized colonies by dividing it into plots, disputes of plot holders cannot be decided by the revenue authorities and would have to be resolved by the civil court. The bar under Section 185 of Specific Relief Act would not be attracted – Appeal Dismmissed
(2017) AIR(SCW) 5852 : (2017) AIR(SC) 5852 : (2018) AllSCR 145 : (2017) 245 DLT 355 : (2017) 12 JT 272 : (2018) 1 LawHerald 177 : (2018) 1 LawHerald(SC) 1 : (2018) 1…
Redemption of Mortgage—Question whether a transaction is a mortgage by conditional sale or a sale with a condition of re-purchase has to be decided on the basis of interpretation of the document itself—The intention of the parties is the determining factor.
(2017) 179 AIC 149 : (2017) 6 ALLMR 484 : (2017) 125 ALR 176 : (2017) 5 ALT 17 : (2017) 3 BBCJ 371 : (2017) 3 BLJud 207 :…
Agreement to Sell-Specific Performance-Agreement was signed by seller only and not by purchaser-Agreement remained in custody of seller and it did not mentioned how the alleged consideration was transferred-Such agreement is not enforceable
(2016) 94 ACrC 484 : (2016) 161 AIC 248 : (2016) 2 AICLR 600 : (2016) AIR(SCW) 1008 : (2016) AIR(SC) 1008 : (2016) AllSCR(Crl) 428 : (2016) 4 CalLT…
Holding of Land–Section 3 of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act indicates that land can be held by person in number of capacities.
2008(1) LAW HERALD (SC) 680 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 827 of…
Agreement to Sell–Mere fixation of time within which contract is to be performed does not make the stipulation as to the time as essence of contract. Agreement to Sell–Alternate plea of refund–In all suits for specific performance, plaintiff is entitled to seek alternative relief in the event the decree of specific performance cannot be granted for any reason.
2008(1) LAW HERALD (SC) 675 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 647 of 2008…
Jurisdiction of Tribunal-The main question involved in the suit was whether the suit land is a Wakf property or not- Plaintiff says that it is a Wakf property whereas the defendants say that it is not the Wakf property but it is their self- property–This question, can be decided only by the Tribunal and not by the Civil Court.
(2017) 175 AIC 125 : (2017) AIR(SCW) 2155 : (2017) AIR(SC) 2155 : (2017) 123 ALR 784 : (2017) 4 AndhLD 106 : (2017) 2 ARC 226 : (2017)…