Supreme Court of India Judgements

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Category: Property Matters

Property Matters

Housing – Recovery of amount of interest – Noida and Greater Noida Authorities HELD A prayer made the authorities be given liberty to recover amount of interest from the builder at the contractually agreed rate under the lease deed – It was lastly and rightly pointed out that the Court can fix a reasonable rate of interest – Considering the present scenario, This Court feel that the aforesaid submission is justified

Jun 10, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH BIKRAM CHATTERJI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

Property Matters

West Bengal Cooperative Societies Rules, 2011 – Rule 133(1) – Membership – It is clear that besides the initial amount of Rs. 3.86 lakhs, the petitioners did not deposit any further amount and kept disputing the demands raised by the Housing Society – HELD the order of the Society expelling the petitioners had come into effect and thereafter the six flats have already been allotted to six different persons, who have deposited the requisite amounts – Application dismissed.

Apr 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SK JALALUDDIN AND OTHERS — Appellant Vs. THE STATE OF WEST BENGAL AND OTHERS — Respondent ( Before : R.F. Nariman and Vineet Saran,…

Property Matters

Once A Mortgage, Always A Mortgage’ – Right To Redeem Mortgage Can Be Extinguished Only By Process Of Law : SC HELD “Section 90 of the Indian Trusts Act, 1882 casts a clear obligation on the mortgagee to hold any right acquired by him in the mortgaged property for the benefit of the mortgagor, as he is seen to be acting in a fiduciary capacity in respect of such transactions. Therefore, the advantage derived by the Appellants (mortgagee) by way of the re-grant must be surrendered to the benefit of the Respondents (Mirashi tenant––mortgagor)”

Apr 17, 2020 sclaw

Section 90 of the Indian Trusts Act, 1882 casts a clear obligation on the mortgagee to hold any right acquired by him in the mortgaged property for the benefit of…

Property Matters

Registration Act, 1908 – Section 17, 17(1)(b), 17(1) and 17(2)(v) – Suit for declaration HELD When legislature has specifically excluded applicability of clause (b) and (C) with regard to any decree or order of a Court, applicability of Section 17(1)(b) cannot be imported in Section 17(2)(v) by any indirect method – Decree and order did not require registration and were fully covered by Section 17(2)(vi), which contains exclusion from registration as required in Section 17(1)

Mar 21, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH GURCHARAN SINGH & ORS. — Appellant Vs. ANGREZ KAUR & ANR. — Respondent ( Before : Ashok Bhushan and Navin Sinha JJ. )…

Property Matters

A plea of adverse possession is founded on the acceptance that ownership of the property vests in another against whom the claimant asserts a possession adverse to the title of the other. Possession is adverse in the sense that it is contrary to the acknowledged title in the other person against whom it is claimed. HELD To substantiate a plea of adverse possession, the character of the possession must be adequate in continuity and in the public because the possession has to be to the knowledge of the true owner in order for it to be adverse.

Mar 16, 2020 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 190 OF 2020 (ARISING OUT OF SLP (CIVIL) NO. 16321 OF 2011) SHRI UTTAM CHAND (D) THROUGH…

Property Matters

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC HELD “A compromise decree passed by a Court would ordinarily be covered by Section 17(1)(b) but subsection(2) of Section 17 provides for an exception for any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding.

Feb 5, 2020 sclaw

Compromise Decree Which Does Not Take In Property That Is Not Subject Matter Of Suit Need No Registration: SC [Read Judgment] LIVELAW NEWS NETWORK 5 Feb 2020 6:41 PM The…

Property Matters

Registration Act, 1908 – Sections 31, 88, 89, 32, 34 and 36 – Civil Procedure Code, 1908 (CPC) – Section 100 – Transfer of Property Act, 1882 – Section 53(A) – Registration of deed of conveyance – HELD The deed in question does not fall within Sections 31, 88 and 89 of the Registration Act. Section 32 of the said Act does not require presence of both parties to a deed of sale when the same is presented for registration – Not find any reason to interfere with the judgment of the High Court

Jan 25, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH H.P. PUTTASWAMY — Appellant Vs. THIMMAMMA AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal No. 3975…

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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