Wakf Act, is prospective—It cannot operate retrospectively.
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.…
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.
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…
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.
(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.…
Wife purchased the property from the money provided by her husband, whether benami transaction ? No.
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…
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.
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…
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.
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…
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.
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…
Agreement to Sell—Land acquired thereafter—Seller liable to refund earnest money.
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…
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.
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…
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.
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…