Property Matters Archives - Page 17 of 18 - Supreme Court of India Judgements

April 26, 2025 10:05 pm

Property Matters

Transfer of Property Act, 1882 – Sections 76(a) and 76(e) – Mortgagee in possession – Let out by mortgagee – It is not a prudent act of management – Redemption of mortgage

May 5, 2017 sclaw

AIR 1988 SC 299 : (1987) 4 JT 545 : (1987) 2 SCALE 1470 : (1988) 1 SCC 377 : (1988) 2 SCR 99 : (1988) 1 UJ 411…

Property Matters

Pepsu Tenancy and Agricultural Lands Act, 1955 – Section – 7A, 7A(2), 7A(1), 22 – Civil Procedure Code, 1908 (CPC) – Section – 11 – Ejectment of the tenant – A tenant, by operation of Section 22 acquires right to purchase proprietary rights of the landlord –

Apr 23, 2017 sclaw

(1996) 9 JT 135 : (1996) 8 SCALE 327 : (1997) 11 SCC 206 : (1996) 7 SCR 421 Supp : (1997) 1 UJ 421 SUPREME COURT OF INDIA…

Property Matters

Agreement of re-conveyance – – The father of the respondent had obtained the sale deed in the name of the minor, obviously he is bound by the agreement of re conveyance as well. Having received the money, he had not executed the sale deed – The subsequent purchaser is bound by this decree of specific performance and liable to re-convey

Apr 22, 2017 sclaw

(1996) 9 AD 406 : (1996) 8 SCALE 687 : (1997) 1 SCC 475 : (1996) 8 SCR 720 Supp SUPREME COURT OF INDIA NIVARTI GOVIND INGALE AND OTHERS…

Property Matters

Wakf Act, is prospective—It cannot operate retrospectively.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1992 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No.…

Property Matters

Agreement to Sell–Execution of decree–Refusal of permission to transfer by competent authority such a permission not a condition precedent for passing of decree for specific performance of contract.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1987 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 6700 of…

Property Matters

Administration of Evacuee Property Act, 1950 – Section – 33, 27, 22, 54-It is not in dispute that no opportunity was granted to displaced person on 10.11.1982 and before passing of the order on 11.11.1982 – There was constructive res judicata, and there is no provision to move after 9 years for transfer of the kothi. It is significant that all previous orders which have relevance were suppressed – All previous orders which have relevance were suppressed – Appeal dismissed.

Apr 19, 2017 sclaw

(2008) 8 JT 295 : (2008) 10 SCALE 551 : (2008) 12 SCC 306 SUPREME COURT OF INDIA BEHARI KUNJ SAHKARI AVAS SAMITI — Appellant Vs. STATE OF U.P.…

Property Matters

Wife purchased the property from the money provided by her husband, whether benami transaction ? No.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 8098 of 2004…

Property Matters

Usufructuary mortgage—When the parties altered their position knowing fully well their mutual rights and obligations under an agreement thereto existing, the rule of estoppel shall apply.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1825 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2411 of…

Property Matters

Agreement to Sell—During pendency of decree, properties were sold to other persons—After conveyance the question of readiness and willingness is really not relevant.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1528 Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 418 of 2007 With C.A. No.419…

Property Matters

Allotment of Housing plot by Chandigarh Housing Board cannot be cancelled on the ground that allottee had already obtained a housing plot through a registered cooperative society.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1366 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7171…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: Property Matters

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