Property Matters Archives - Page 13 of 18 - Supreme Court of India Judgements

April 12, 2025 5:34 am

Pre-emption—’In a suit for pre-emption an exparte decree which is later set aside, cannot be termed to be the decree of the court of first instance.

Jun 13, 2018 sclaw

(2017) 178 AIC 174 : (2017) AIR(SCW) 5672 : (2017) AIR(SC) 5672 : (2017) 3 ApexCourtJudgments(SC) 525 : (2017) 3 ARC 342 : (2017) 6 CTC 187 : (2017) DNJ…

Property Matters

Court Fee—Suit not to be rejected on ground of non-payment fee.

May 24, 2018 sclaw

(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…

Property Matters

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.

May 3, 2018 sclaw

(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…

Property Matters

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.

Apr 24, 2018 sclaw

(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…

Property Matters

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.

Apr 19, 2018 sclaw

(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…

Property Matters

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

Apr 8, 2018 sclaw

(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…

Property Matters

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.

Mar 30, 2018 sclaw

(2017) 179 AIC 149 : (2017) 6 ALLMR 484 : (2017) 125 ALR 176 : (2017) 5 ALT 17 : (2017) 3 BBCJ 371 : (2017) 3 BLJud 207 :…

Property Matters

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

Mar 11, 2018 sclaw

(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…

Property Matters

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.

Mar 3, 2018 sclaw

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…

Property Matters

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.

Mar 3, 2018 sclaw

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…

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Corruption

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

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Apr 10, 2025 sclaw

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Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

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Category: Property Matters

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