Supreme Court of India Judgements

47295 Judgements hosted as on 02/08/2026 - Search (FREE), Subscribe @ Rs 99/- for 6 months, sclaw@sclaw.in, WA +91 9417245693.

Category: Property Matters

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,…

Property Matters

Transfer of Property Act, 1882 – Section 54 – Sale deed – Payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect – Therefore, such a sale will be void – It will not effect the transfer of the immovable property.

Nov 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KEWAL KRISHAN — Appellant Vs. RAJESH KUMAR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…

Property Matters

Execution of lease deed – Determination of market value plot – In order, it has been specifically observed that so far as the dispute of the balance enhanced amount is concerned, the same shall be settled and disposed of after exchange of affidavits – In that view of the matter the High Court has erred in observing that the rate of Rs.5900/­ per sq.meter mentioned in the lease deed shall be conclusive and final and binding between the parties.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND OTHERS — Appellant Vs. 24 ORANGES LAB LLP AND ANOTHER — Respondent ( Before : M.R. Shah and…

Property Matters

Determination of lease – Waiver of forfeiture – when the lessee is given the benefit of such property and the breach of the condition imposed is alleged, the strict construction of the forfeiture clause against the lessor in all circumstances would not arise as otherwise it would render the clause in the lease deed otiose – Parties are governed by the terms in the contract and as such the lessee cannot claim – a court will not assist a lessee in extricating himself or herself from the circumstances that he or she has created, in the name of equitable consideration

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA AND OTHERS — Appellant Vs. M/S JOSEPH AND COMPANY — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ.…

Property Matters

Redemption of Mortgage – Decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS — Appellant Vs. KRISHNA AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…

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Accident

Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased

Aug 16, 2026 sclaw
Property Matters Transfer Of Property Act

Execution Of Unregistered Agreement To Sell Does Not Terminate Subsisting Landlord-Tenant Relationship Nor Entitle Tenant To Section 53A TP Act Protection A. Transfer of Property Act, 1882 — Section 111(e) & (f) — Landlord and Tenant — Determination of lease by express or implied surrender — Execution of agreement to sell by landlord in favour of tenant — Effect on jural relationship — Held, mere execution of an agreement to sell between landlord and tenant does not ipso facto determine the subsisting tenancy — Tenancy is determined only when terms of agreement or unequivocal conduct of parties disclose express or implied surrender — Where agreement to sell contained clause for cancellation and restoration of possession in case loan was not sanctioned, existing possession was referable to tenancy and not to agreement to sell — Landlord-tenant relationship continued to subsist.

Aug 16, 2026 sclaw
C P C

Appellate Courts Should Not Remand Cases Under Order 41 Rule 23 CPC As A Matter Of Course When Sufficient Evidence Is Available On Record. A. Civil Procedure Code, 1908 (CPC) — Order 41 Rules 23 and 24 — Power of Appellate Court to remand — Remand of case to Trial Court for framing of additional issues and fresh evidence — Permissibility — High Court remitted suit regarding one item of property for framing issues on whether sale deed was sham, limitation, and possession — Held, remand is not to be adopted as a matter of ordinary course and reflects incorrect exercise of discretion when sufficient evidence is available on record — Issues already framed by Trial Court were comprehensive enough to cover core disputes — Appellate Court is fully empowered to decide issues on merits or admit additional evidence if warranted, rather than remitting matter to cause unnecessary delay — Remand set aside and appeals restored to High Court for fresh disposal on merits.

Aug 16, 2026 sclaw
Customs & Excise

Extended Period Of Limitation Under Proviso To Section 11A, Central Excise Act Cannot Be Invoked When Facts Are Known To Department Without Wilful Suppression A. Central Excise Act, 1944 — Section 35L — Maintainability of appeal before Supreme Court — Preliminary objection raised by Department that appeal does not come under Section 35L as issue had no relation to rate of duty or valuation — Held, issue raised regarding extended period of limitation on ground of non-inclusion of certain costs in assessable value has an inextricable link with valuation of goods for purposes of assessment — Issue raised in show cause notice fundamentally dealt with valuation of goods — Supreme Court declined to relegate matter to High Court after almost a decade of pendency — Preliminary objection rejected.

Aug 16, 2026 sclaw