Supreme Court of India Judgements

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Category: Property Matters

Property Matters

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

Dec 25, 2017 sclaw

(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 :…

Property Matters

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.

Dec 6, 2017 sclaw

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…

Property Matters

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

Nov 4, 2017 sclaw

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…

Civil Cases Property Matters

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 Gift–Acceptance of — Once a gift is complete, the same cannot be rescinded.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.

Oct 27, 2017 sclaw

  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…

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Arbitration

Arbitration and Conciliation Act, 1996 – Section 34 and 37 – Challenge to arbitral award – Improper constitution of arbitral tribunal – Interpretation of Clause 8.3(b) of the agreement – Co-arbitrators’ power to appoint the presiding arbitrator after 30 days – High Court’s upholding of arbitral tribunal’s decision – Appeals dismissed.

Mar 14, 2026 sclaw
Service

Police Recruitment — Criminal Antecedents — Suitability for Appointment — A candidate with criminal antecedents, even if acquitted by giving benefit of doubt, can be deemed unsuitable for police service by the screening committee, as the employer has the right to assess character and integrity for a disciplined force.

Mar 14, 2026 sclaw
Service

Tamil Nadu Electricity Board Service Regulations, 1967 — Regulations 10(9), 87, and 97 — Seniority of direct recruits — Determination of date of appointment — A person is considered on ‘duty’ when performing duties of a post or undergoing probation or training — Appointed to a class of service when discharging duties or commencing probation or training — Seniority is determined by rank in the approved list; probation starts from joining duty — Training is part of service, not a reason to exclude it from seniority calculation. — Division Bench misinterpreted Regulations by stating seniority commences from probation start date — Appeals allowed, High Court judgment set aside.

Mar 14, 2026 sclaw
Companies Act I B C

Companies Act, 2013 — Sections 241, 242, 244, 59 — Oppression and mismanagement — Interim protection — Supreme Court’s role is to preserve the subject matter of the dispute until the competent forum adjudicates the matter — Interim measures should ensure that the subject matter remains protected while allowing the statutory forum to proceed with adjudication.

Mar 14, 2026 sclaw