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

August 20, 2025 1:48 pm

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…

Property Matters

Agreement to Sell—Land acquired thereafter—Seller liable to refund earnest money.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1303 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. 853 of…

Property Matters

Oral Agreement to Sell–Specific Performance–Defence under Section 53(A) of the TP Act is not available to a party who alleges to be in possession of the property.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1291 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 8303-8304 of…

Property Matters

Agreement to Sell—Rise in prices of property thereafter—Specific performance of agreement—Rise in the price of an immovable property by itself is not a ground for refusal to enforce a lawful agreement of sale.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1243 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. 6925 of…

Property Matters

Specific Performance–Suit decreed –Decree has become final between the parties–Non deposit of the balance sale price within two months from the date of decree–Contention that there was no direction to pay within a particular time–Clearly unsustainable and untenable.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 1081 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5494…

Property Matters

Agreement to sell–Written agreement–Part payment in cash–No receipt produced, nor there was recital of the same in registration document–Evidence to contradict the terms of written agreement, is not permissible.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 894 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 866 of 2007…

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Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw

Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw

I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw

C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw

Category: Property Matters

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