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

April 2, 2025 9:31 am

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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Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

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I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

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Category: Property Matters

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