Property Matters Archives - Page 9 of 18 - Supreme Court of India Judgements

April 2, 2025 9:31 am

Eviction—Public Premises—Commercial Booth—Slump in the business cannot be the reason for default in payment of the lease rent and the ground rent which fell due

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2221 : 2019 LawHerald.Org 1353 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No. 6123…

Property Matters

Transfer of Property—Appellants have been granted right to use passage in the sale deed—Such right cannot be extinguished by execution of another sale deed of common passage and conferring its exclusive rights to some other party

Oct 13, 2019 sclaw

2019(3) Law Herald (SC) 2091 : 2O19 LawHerald.Org 1261 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta Civil Appeal Nos.…

Property Matters

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 – Sections 58 and 86 – Allotment of land – considered view that directing the Indore Development Authority to revisit the matter afresh at this stage when the lease deed of the plot has been executed and the appellant has raised construction – No purpose.

Oct 4, 2019 sclaw

We are of the considered view that directing the Indore Development Authority to revisit the matter afresh at this stage when the lease deed of the plot has been executed…

Property Matters

Thus, there can be no manner of dispute that a plaintiff can claim title to the property based on adverse possession – Plea of adverse possession can be used both as an offence and as a defence i.e. both as sword and as a shield. Appeal allowed.Ravinder Kaur Grewal & Ors. v. Manjit Kaur & Ors. Followed

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KRISHNAMURTHY S. SETLUR (D) BY LRS. — Appellant Vs. O. V. NARASIMHA SETTY (D) BY LRS. — Respondent ( Before : Deepak Gupta and…

Property Matters

Maharashtra Cooperative Societies Act, 1960 – Sections 22, 91 and 97 – Allotment of plot -Allotment of Plot No.2 in favour of the Appellant was illegal and that the Resolution passed by the Society in its meeting dated 25.03.1990 and the sale deed executed by the Society on 25.04.1989 were required to be quashed, are absolutely correct and fully justified – Appeal dismissed.

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHIVKISHAN — Appellant Vs. SUJATA TARACHAND MAKHIJA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…

Property Matters

Title can be claimed through Adverse Possession

Sep 27, 2019 sclaw

Title can be claimed through Adverse Possession; 70-year-old land dispute comes to an end in Supreme Court Shruti Mahajan September 27 2019 A dispute which started before the Supreme Court came into existence, finally came…

Property Matters

Ancestral Property—Karta of HUF executed sale deed of Co-parcenary Property in favour his second wife without any sale consideration—Such sale of HUF property was not for legal necessity or benefit to the estate-Sale deed executed by karta and further sale by his second wife to subsequent purchasers held to be null and void

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 2054 : 2019 LawHerald.Org 1257 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Property Matters

Mortgage by Conditional Sale—Any recital relating to mortgage or the transaction being in the nature of a conditional sale should be an intrinsic part of the very sale deed which will be the subject matter

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 2031 : 2019 LawHerald.Org 1253 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No. 3506…

Property Matters

Transfer of Property Act, 1882 – Section 52 – It is settled legal position that the effect of Section 52 is not to render transfers effected during the pendency of a suit by a party to the suit void; but only to render such transfers subservient to the rights of the parties to such suit, as may be, eventually, determined in the suit.

Aug 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR NIVRUTTI JAGTAP AND OTHERS — Appellant Vs. SMT. PRAMILABAI CHANDULAL PARANDEKAR AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh…

Property Matters

Transfer of Property—If at the time of transfer, the seller might have a defective title or have no title and/or no right or interest, however subsequently the seller acquires the right, title or interest and the contract of transfer subsists, in that case at the option of the buyer, such a transfer is valid

Jun 23, 2019 sclaw

2019(2) Law Herald (SC) 1394 : 2019 LawHerald.Org 931: (2019) AIR(SC) 927 : (2019) 133 ALR 698 : (2019) 2 ALT 28 : (2019) 1 ApexCourtJudgments(sC) 459 : (2019) 1…

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Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw

I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw

I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw

Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw

Category: Property Matters

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