Category: Property Matters

Floor Space Indices–Discretion of the Government to grant additional Floor Space Indices (FSI) in respect of buildings of education and medical relief as well as Government and semi Government offices and Luxury Hotels–Where a statute confers a discretionary power to be exercised by the competent authority, the court cannot direct the competent authority to exercise discretion in a particular manner–Court can always direct to exercise discretion vested in it in accordance with law–Appellants’ prayer for grant of additional FSI of 5.32 cannot be accepted.

2008(1) LAW HERALD (SC) 618 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, CJI The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice…

Transfer of Property Act, 1882, S. 58(e)—Mortgage by conditional sale—Sale deed executed does not contain stipulation that it was condition sale—However, agreement executed on same day contained the stipulation that if loan amount is paid then seller can get its land back—Since agreement and sale deed were executed on same date so they have to be read together

(2017) 169 AIC 41 : (2017) 120 ALR 213 : (2017) 1 ApexCourtJudgments(SC) 252 : (2017) 1 ARC 15 : (2017) 1 BBCJ 214 : (2017) 1 CalLJ 101 :…

Surplus area–Utilisation of–High Court referred decision related to Maharashtra and U.P. to decided against appellant but recorded no finding to the effect whether Maharashtra and U.P. Statutes have any provision similar to Section 10A(b) of Punjab Security of Land Tenures Act, matter remitted to High Court to decide afresh.

2008(1) LAW HERALD (SC) 388 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. 1645-1647 of…

Transfer of Property—Part Performance—Mere expiry of the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53A of T.P. Act

2017(3) Law Herald (P&H) 2065 (SC) : 2017 LawHerald.Org 1133            IN THE SUPREME COURT OF INDIA Before                      The Hon’ble Mr. Justice Dipak Misra                     The Hon’ble Mr. Justice…