Property Matters Archives - Page 5 of 18 - Supreme Court of India Judgements

December 23, 2025 7:15 pm

Plot in question was reserved/earmarked for public convenience for the residents of the locality/colony which could not have been allotted in favour of individual and that the construction put up by the petitioner was absolutely illegal and unauthorised,

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MRS. RAMANI — Appellant Vs. THE TAMIL NADU SLUM-CLEARANCE BOARD AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. )…

Property Matters

Allotments of flats – the entire controversy can be set at rest on the understanding that 844 members of the Respondent-Society shall be provided with apartments, admeasuring about 1800 square feet, as stated by NOIDA in its affidavit filed pursuant to the order dated 23.8.2021 passed by this Court

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) — Appellant Vs. KENDRIYA KARAMCHARI SEHKARI G.N. SAMITI AND OTHERS — Respondent ( Before : Uday Umesh Lalit,…

Property Matters

Urban Land (Ceiling and Regulation) Act, 1976 – Section 10(1), 10(3) and 10(5) – Once the land stood vested with the Government compensation paid no justification for the appellants to claim deemed possession of the subject land in question and even if they are in physical possession, no right could be claimed in reference to the subject land by the appellants.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH GOPALBHAI PANCHABHAI ZALAVADIA (DEAD) THR LRS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S.…

Property Matters

Flat-owners had the benefit of staying in the flats for a period of 8-9 years on an average HELD Flat-owners are not entitled for any interest on the amounts paid by them to the builders.

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY MEMBER SECRETARY — Appellant Vs. MARADU MUNICIPALITY AND OTHERS — Respondent ( Before : L. Nageswara Rao…

Property Matters

HELD Since the appellant has deposited a total sum of Rs.3,84,546/ (including interest) against the total value/cost of Rs.2,70,000/.the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside.

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ANJANA SARAIYA — Appellant Vs. THE STATE OF U.P. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Property Matters

In proceedings initiated under the Urban Land Ceiling Act, 1978 the possession of excess urban land was taken over well before the Repeal Act came into force. In the premises, the Writ Petition filed by the present Review Petitioner was found to be without any substance

Mar 19, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH P. CHANDRIKA — Appellant Vs. THE COMMISSIONER, COMMISSIONER OF URBAN LAND CEILING AND URBAN LAND TAX AND ANOTHER — Respondent ( Before : Uday…

Property Matters

HELD In the event, the appellant-Society is required to replace the present developer, while entering into a development agreement with the new developer, a clause shall be added therein incorporating an undertaking of the new developer that he shall abide by the directions contained in this Order.

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAMGAR SWA SADAN CO-OPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. MR. VIJAYKUMAR VITTHALRAO SARVADE AND OTHERS — Respondent ( Before : Ajay Rastogi and…

Property Matters

Madhya Pradesh Public Trusts Act, 1951 – Sections 14 and 36 – Madhya Pradesh Trust Rules, 1962 – Rule 9 – Sanction for disposal of trust property – Aim of public control is to ensure that the trust is administered efficiently and smoothly – State interest is that far, and no more; it cannot mean that the state can dictate what decisions can or cannot be taken

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH PARSI ZOROASTRIAN ANJUMAN, MHOW — Appellant Vs. THE SUB DIVISIONAL OFFICER/THE REGISTRAR OF PUBLIC TRUSTS AND ANOTHER — Respondent ( Before : Uday Umesh…

Property Matters

Transfer of Property Act, 1882 – Sections 122 and 123 – Contract Act, 1872 – Section 16(3) – Gift deed – Ordinarily, no one is expected to sign or execute a document without knowing its contents, but if it is pleaded that the party executing the document did not know the contents thereof then it may, in certain circumstances, be necessary for the party seeking to prove the document to place material before the court to satisfy it that the party who executed the document had the knowledge of its contents

Jan 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KESHAV AND OTHERS — Appellant Vs. GIAN CHAND AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Property Matters

Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to say that the Tribunal will have jurisdiction only if the subject property is disputed to be a waqf property and not if it is admitted to be a waqf property, is indigestible in the teeth of Section 83(1) – Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85

Dec 16, 2021 sclaw

(2021) 13 SCALE 168 SUPREME COURT OF INDIA DIVISION BENCH RASHID WALI BEG — Appellant Vs. FARID PINDARI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw

Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw

Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw

Category: Property Matters

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