Redemption of Mortgage— Whether Mortgage was by way of Conditional Sale-Test to be satisfied discussed.
(2017) 176 AIC 187 : (2017) AIR(SCW) 2141 : (2017) 3 AirKarR 24 : (2017) AIR(SC) 2141 : (2017) 123 ALR 839 : (2017) 4 AndhLD 111 : (2017) 2…
Doctrine of relation back–As and when application is accepted and order is passed, it must relate back to date when application was filed.
2008(1) LAW HERALD (SC) 474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 1579 of 2001…
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 :…
Adverse Possession–Unless the person possessing the land has a requisite animus, the period of prescription does not commence. Adverse Possession–Mere long possession for a period of more than 12 years without anything more do not ripen into a title.
2008(1) LAW HERALD (SC) 442 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4880 of…
Transfer of Land–Granted land were intended for benefit and employment of original grantee and condition on original grantees restricting the transfer of same of a particular period.
2008(1) LAW HERALD (SC) 408 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. 7039 of…
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…
Ownership–Grant of patta cannot be equated to that of a document of title.
2008(1) LAW HERALD (SC) 267 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 452 of 2002 …
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…
Allotment–Letter proposing allotment of land by the Lt.Governor did not confer any legal right on the appellant as no deed was executed by the MCD in favour of Appellant
2008(1) LAW HERALD (SC) 152 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5793 of…
Gift–Acceptance of– It is one thing to say that the execution of the deed is based on an aspiration or belief, but it is another thing to say that the same constituted an onerous gift. Gift–Acceptance of — Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift. Gift–Acceptance of–Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee? YES.
2008(1) Law Herald (SC) 87 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5942…